Reefer Madness at the Patent and Trademark Office

I missed this last week, but can't resist taking note of it: The Wall Street Journal reported that earlier this year, the Patent and Trademark Office created a new trademark category: "Processed plant matter for medicinal purposes, namely medical marijuana."

That set off a mad scramble for those in the medical marijuana industry in the 14 states where it is legal to trademark the names of their products, ranging from long-used names for weed, such as Chronic, to psychoactive sodas called Keef Cola and Canna Cola.

Alas, the trademark protection was short-lived. After the Journal started asking questions, PTO officials apparently thought better of the idea, and within a week, the new trademark category had disappeared from the PTO website. An agency spokesman called the whole thing a "mistake."

Even without a specific medical marijuana category, the agency says it will accept and review pot trademark applications. But dealers beware: PTO hasn't ever actually granted a weed trademark, and the official line is that it's "highly unlikely" it will happen in the future.