Protect a Cannabis Brand While Federal Law Catches Up
Medical marijuana, hemp, and ancillary brands face federal registration limits that are changing in 2026. We build layered protection: state registration, federal filings for ancillary goods and services, and careful identifications for hemp products.
What cannabis brands run into
Florida is one of the largest medical-marijuana markets in the country, so the local audience for cannabis brand protection is real.
Federal lawful-use refusals
The USPTO has refused marks for goods that are unlawful under federal law.
Federal Trademark Applications →Problem 2State registration
A Florida registration can cover in-state products that cannot yet be registered federally.
Florida State Trademarks →Problem 3Ancillary goods and services
Apparel, accessories, education, and software can be registered federally.
Federal Trademark Applications →Problem 4Copycat brands
Look-alike brands and packaging appear in a fast-moving market.
Cease-and-Desist Letters →What we recommend for cannabis brands
Our five most important steps for protecting a brand in this industry, in the order most clients need them.
Layer state and federal protection
Register in Florida for state-licensed products, and federally for lawful ancillary goods and services.
File for ancillary goods now
Apparel, accessories, education, and software can be registered federally today and build nationwide rights.
Draft hemp identifications precisely
Identify hemp products in line with the federal definition in force on the filing date, including the November 2026 THC limits.
Prepare for medical-marijuana filings
State-licensed medical operators should keep licensing and DEA registration records ready, and consider filing as examination guidance develops.
Review your strategy every quarter
Federal law, USPTO practice, and Florida rules are changing. Revisit filings and claims regularly.
Cannabis brand filings at the USPTO, 2021 to 2026
Applicants filed 14,011 U.S. trademark applications in this category from 2021 to 2025, and filings in 2025 were down 61% from 2021. 10,941 live registrations cover it today.
Applications filed per year
U.S. applications by filing date. The 2026 bar covers January to late October.
View data table
| Year | Applications filed | Registered to date | Abandoned | Registrations issued that year |
|---|---|---|---|---|
| 2021 | 4,579 | 1,664 | 2,669 | 2,037 |
| 2022 | 3,206 | 1,078 | 1,805 | 1,605 |
| 2023 | 2,360 | 836 | 1,101 | 1,385 |
| 2024 | 2,099 | 733 | 699 | 1,288 |
| 2025 | 1,767 | 452 | 401 | 1,197 |
| 2026 (Jan.–Oct.) | 937 | 49 | 19 | 1,031 |
Applications filed and registrations issued
Applications by filing year, and registrations by the year they issued.
What happened to each year's applications
Status today of applications filed each year. Recent years are still largely pending.
How we counted. USPTO trademark records, retrieved October 28, 2026. The USPTO does not classify filings by industry, so this page counts: Applications whose goods or services mention cannabis, hemp, CBD, cannabidiol, or marijuana, in any class. An application is counted once even if it names several qualifying classes.
Top five trademark registrants: Cannabis
The owners that received the most U.S. registrations in this category since January 2021. The CIMA Group also holds 17. Because marijuana products generally cannot be registered federally, most of these registrations cover hemp, CBD, or ancillary goods.
U.S. registrations issued since January 2021, by owner
Registrations issued January 2021 to October 2026 in the category described in the data section, by current owner.
View data table
| Rank | Owner | Registrations since 2021 |
|---|---|---|
| 1 | Aphria Inc. | 25 |
| 2 | Harvest IP Holdings, LLC | 19 |
| 3 | KOI CBD, LLC | 18 |
| 4 | Hectare Holdings, LLC | 18 |
| 5 | BRH International Inc. | 17 |
Counts every registration in the category by its current owner, excluding broad filings that name more than six classes. Listed for information only. These companies are not clients of the firm, and their inclusion implies no affiliation.
What the law says
- A DEA rule published April 28, 2026 moved marijuana from Schedule I to Schedule III when it is in an FDA-approved drug product or covered by a state license for medical manufacture, distribution, or dispensing. Other marijuana, including adult-use, remains Schedule I. A hearing on broader rescheduling was held in summer 2026, and a decision is pending.
- The USPTO has not issued updated examination guidance for state-licensed medical marijuana marks. Whether those marks can now register is being tested.
- Under a federal law signed in November 2025, effective November 12, 2026, hemp is limited to 0.3% total THC, including THCA, and final hemp-derived cannabinoid products to 0.4 mg of total THC per container. Hemp filings must be identified carefully against that definition.
- Florida is a medical-marijuana state. Confirm current Florida Bar ethics guidance on advising cannabis businesses before acting.
Start here: a checklist for a new brand
Your checks are not saved.
Who does what for your brand
A licensed attorney is responsible for each matter, supported by paralegals and docketing staff who manage documents, deadlines, and monitoring.
Attorneys
Strategy, filings, and enforcement.
- Clearance searches and written risk opinions
- Applications drafted for cannabis goods and services
- Responses to USPTO refusals and oppositions
- Demand letters, licenses, and litigation
Paralegals and docketing
Files complete and deadlines met.
- Specimens, dates of use, and evidence
- Docketing of every USPTO and renewal deadline
- U.S. Customs recordation and Amazon Brand Registry
- Watch notices for new conflicting filings
Client service
Clear, bilingual, and easy to reach.
- Service in English and Spanish
- Copies of every USPTO notice, explained
- A written estimate before each filing
- Renewal reminders well in advance
Frequently asked questions
Can I register a cannabis trademark federally?
For lawful ancillary goods and services, yes. For marijuana products, the USPTO has refused registration; state-licensed medical products moved to Schedule III in April 2026, and examination practice for them is not yet settled.
Did rescheduling legalize marijuana?
No. It moved state-licensed medical marijuana and FDA-approved products to Schedule III. Adult-use marijuana remains Schedule I.
Can I register a CBD or hemp brand?
Hemp products that meet the federal definition can be registered, with careful identifications. The definition narrows on November 12, 2026.
Should I register in Florida?
Yes, for products sold under a Florida license that cannot yet be registered federally.
What ancillary goods can I register?
Apparel, accessories, educational services, software, and other goods and services that do not involve marijuana itself.
How often should I review my cannabis trademark strategy?
At least every quarter, while federal law and USPTO practice are changing.
Talk to us about your cannabis brand
Tell us your brand, what you sell, and where. We will check the register, recommend the right filings, and give you a written estimate.
- Clearance searches
- Federal and Florida filings
- Enforcement and litigation
- Customs and marketplace protection