Evergreen
Cannabis trademark and USPTO
Bob Hoban, Hoban Law Group · Last updated May 2026
On-record soundbite (1–2 sentences)
“The USPTO's refusal to register cannabis trademarks on federal lawfulness grounds leaves operators exposed in ways that most do not appreciate until a competitor infringes. State-level trademark registration and common-law use rights are the available tools — but they require a deliberate strategy, not an afterthought.”
— Robert Hoban, Hoban Law Group
Extended quote (3–4 sentences)
“The USPTO's refusal to register cannabis trademarks on federal lawfulness grounds leaves operators exposed in ways that most do not appreciate until a competitor infringes. State-level trademark registration and common-law use rights are the available tools — but they require a deliberate strategy, not an afterthought. The creative workaround I see most often — registering the mark on ancillary goods like clothing or accessories — has been challenged by the USPTO and is not reliable protection for the core cannabis brand. Build state registrations in every market you operate, document your first use dates obsessively, and treat brand enforcement as a compliance function.”
— Robert Hoban, Hoban Law Group
Attribution
Robert Hoban, Founder and Managing Partner, Hoban Law Group. Quotes may be used in editorial coverage with this attribution line. For background briefings or custom quotes on adjacent topics, contact the press team.