How to Trademark a Hemp Brand

July is National Hemp Month, making it the perfect time to protect your hemp brand. As the industry grows, a unique name or logo helps you stand out—but only a trademark can truly safeguard it. Whether you’re in hemp manufacturing, distribution, or branding, this quick guide covers what you can trademark, what you can’t, and how to do it right.

Why Trademarking Your Hemp Brand Matters

Your hemp brand is one of your most valuable business assets. Trademarking your brand name, logo, or slogan gives you exclusive rights to use it with your specific goods—meaning competitors can’t use names that are confusingly similar. In the fast-growing and often changing regulated hemp industry, this kind of legal protection is essential.

Registering a federal trademark helps:

Protect your reputation from knockoffs, private-label imitations, and lookalike packaging
Strengthen your legal standing if another company starts using a similar brand name
Increase business value for licensing, franchising, or future sale opportunities

Do This First: Comprehensive Trademark Research

Before you apply, do your homework—a thorough trademark search is a must.

Your search should include:

Federal trademarks (registered or pending) via the USPTO
State trademark records, which vary by jurisdiction
Common Law use, which refers to unregistered trademarks that still hold legal weight. Think: local business names, online store branding, domain names, and long-standing social media handles.

And keep in mind: trademark conflicts aren’t just about exact matches. A name that’s similar in sound, appearance, or meaning—and used for similar goods—can block your application. That’s why research is more than just a quick name check.

What the 2018 Farm Bill Means for Hemp Trademarks

Here’s where things get specific to hemp.

Thanks to the 2018 Farm Bill, hemp is no longer a controlled substance under federal law—as long as it contains no more than 0.3% delta-9 THC by dry weight. This change opened the door for hemp-related trademarks to be federally registered.

But there’s a catch: your trademark application must clearly state that your goods contain less than 0.3% THC.

From the Examination Guide:

“If an applicant’s goods are derived from ‘hemp’ as defined in the 2018 Farm Bill, the identification of goods must specify that they contain less than 0.3% THC.”

If your product doesn’t meet that threshold—or if your application is vague about it—you’ll likely get a refusal.

When a Hemp Trademark Can Still Be Refused

Even if your product qualifies as legal hemp, your trademark could still be refused under other federal laws. The most common one is the Food, Drug, and Cosmetic Act (FDCA).

“Applicants should be aware that even if the identified goods are legal under the CSA, not all goods for CBD or hemp-derived products are lawful…such goods may also raise lawful-use issues under the Federal Food Drug and Cosmetic Act (FDCA). The use in foods or dietary supplements of a drug or substance undergoing clinical investigations without approval of the U.S. Food and Drug Administration (FDA) violates the FDCA.”

This is especially important for products that are ingested (like food, drinks, or dietary supplements). While this issue shows up more often with CBD products (we’ll cover that in a separate post), it can still impact hemp-derived products like tinctures or topicals if they’re not compliant with FDA rules.

How the USPTO Reviews Hemp Trademark Applications

Trademark examiners at the USPTO will check your trademark application to determine whether:

Your product is lawful under all relevant federal laws (CSA, Farm Bill, FDCA).
The goods clearly meet the 2018 Farm Bill’s THC limit of ≤0.3% delta‑9 THC, with this stated in your description.
If your application covers hemp production or cultivation, you are properly licensed or authorized under a state, tribal, or USDA-approved hemp program (consistent with USDA’s interim and final rules) for commercial hemp growing.

Ready to Protect Your Hemp Brand?

At TradeMark Express, we specialize in comprehensive trademark research and thorough application preparation—so you don’t have to guess your way through it. We’ll help ensure your hemp brand is fully vetted and positioned for success.

Contact us today to get started with a professional comprehensive trademark search —because protecting your brand starts long before you file.

The information provided on this site is for general informational purposes only. All information on the Site is provided in good faith; however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, validity, or completeness of any information on the Site. The Site cannot and does not contain legal advice. The legal information is provided for general informational and educational purposes only, and is not a substitute for legal advice. Consult a licensed attorney for legal advice.

Shannon Moore