Decisions · 86474701
In re JJ206, LLC dba JuJu Joints
Serial No. 86474701 · Decided 2016-10-27 · Other
What happened
Registration refused — the Board found that POWERED BY JUJU for cannabis vaporizers cannot be registered because the goods are illegal drug paraphernalia under federal law, and state marijuana legalization does not make the use lawful for federal trademark purposes.
The marks
Applicant
POWERED BY JUJU
Smokeless cannabis vaporizing apparatus; oral vaporizers for smoking purposes (Class 34)
Other issues decided
Not du Pont factors. These are separate grounds the Board reached in this case.
| Issue | Weight | What the Board found |
|---|---|---|
| Lawfulness of Use Under CSA | Dispositive | The Board found that cannabis/marijuana vaporizing devices are drug paraphernalia under the federal Controlled Substances Act, making lawful use in commerce impossible regardless of state legalization. |
Why this decision is significant
Precedential decision extending In re Brown’s lawful use framework to cannabis paraphernalia and rejecting Cole Memo and state legalization arguments. Significant for any cannabis-related trademark application.
Research significance is Trademark Valet's editorial rating of how useful a decision is to practitioners. It is not a statement of precedential weight — that is the separate Precedential field, which comes from the Board.
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The original record
Read the opinion and every filing on the Board's own docket. The summary above is our paraphrase, not a quotation from the opinion. The opinion is the authority.
Who checked this
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Provenance — Written from the opinion; research-significance tier confirmed.
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