Decisions · 87168058
In re National Concessions Group, Inc.
Serial No. 87168058 · Decided 2023-05-03 · Other
What happened
The Board refused BAKKED for an ‘essential oil dispenser’ because the product is actually a cannabis dabbing tool — federal drug-paraphernalia law makes it unlawful in commerce, and Colorado’s state-law permission cannot open the door to a federal trademark registration.
The marks
Applicant
BAKKED (standard characters)
"Essential oil dispenser, sold empty, for domestic use," in International Class 21
Why this decision is significant
First-impression precedential holding that a state-law-based exemption under CSA Section 863(f)(1) cannot make drug paraphernalia lawful for FEDERAL trademark registration purposes — a controlling framework for cannabis-industry applications.
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.
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