Cannabis Trademarks and the First Amendment

Texas Tech Law Review, Vol. 52

60 Pages Posted: 22 Nov 2019 Last revised: 26 Jan 2020

Date Written: November 11, 2019


A review of Supreme Court trademark litigation interpreting the First Amendment as well as recent trademark litigation at the state and federal levels. The prohibition on immoral trademarks has been steadily eroding as a result of First Amendment litigation at the United States Supreme Court. In light of recent Supreme Court decisions on trademark registrations and free speech, the question then becomes: Is the ban on cannabis trademark registrations justifiable in light of the First Amendment in view of these recent cases? The issue of whether the United States Patent & Trademark Office (USPTO) should or will issue registrations in light of this recent line of cases is discussed.

Keywords: cannabis, marijuana, First Amendment, Freedom of Speech, Constitutional, medical marijuana, Cole Memo, law, United States

Suggested Citation

Greenberg, Robert, Cannabis Trademarks and the First Amendment (November 11, 2019). Texas Tech Law Review, Vol. 52. Available at SSRN: or

Robert Greenberg (Contact Author)

Farmingdale State College,SUNY ( email )

School of Engineering Technology
2350 Broadhollow Road
Farmingdale, NY 11735
United States

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