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Obama Patent Office approves, then nixes trademarks for marijuana

By | July 22, 2010, 12:09pm PDT

Summary: Now, as it turns out, selling pot is a federal crime. So creating a new category of trademark specifically for marijuana was, well, ill-advised.

It’s Thursday, so it’s time for another installment of our exciting series “Your Tax Dollars at Work”. In this week’s installment, we bring you the United States Patent and Trademark Office.

According to a report by The Wall Street Journal, some creative souls at the USPTO created a new category of trademarkable item: “Processed plant matter for medicinal purposes, namely medical marijuana”.

Now, as it turns out, selling pot is a federal crime. So creating a new category of trademark specifically for marijuana was, well, ill-advised.

Now, here’s where it gets fun and where we’re wondering exactly which heads will roll. As it turns out, the USPTO created this new category on April 1, 2010. Yep, April Fool’s Day.

It wasn’t a joke, however, to the hundreds of opportunistic entrepreneurs who immediately filed trademark applications for such medical-sounding substances as Maui Wowie, Chronic, Budtrader and Keef Cola.

This week, according to USPTO spokesman Peter Pappas, that category has been removed. Entrepreneurs are still welcome to apply for trademarks, according to Pappas, but they’re no longer able to have a category all their own.

The catch: the USPTO has never actually granted a trademark for anything pot-related.

Ah, well. Brings a whole new meaning to “This bud’s for you.”

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David Gewirtz, Distinguished Lecturer at CBS Interactive, is an author, U.S. policy advisor, and computer scientist. He is featured in The History Channel special The President's Book of Secrets.

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David Gewirtz

At various times during his adult life, David has voted for both Democrats and Republicans, and has been disappointed by both. He is deeply disturbed by how partisanship has come before patriotism in America, which gives him the freedom to pick on both sides.

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David is the executive director of U.S. Strategic Perspective Institute, a nonprofit research and policy organization. He is the Cyberterrorism Advisor for the International Association for Counterterrorism & Security Professionals, a columnist for The Journal of Counterterrorism and Homeland Security and a special contributor to Frontline Security Magazine. He is a member of the FBI’s InfraGard program, the security partnership between the FBI and industry. David is also a member of the U.S. Naval Institute and the National Defense Industrial Association, the leading defense industry association promoting national security.

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Biography

David Gewirtz

In addition to hosting the ZDNet Government and ZDNet DIY-IT blogs, CBS Interactive's Distinguished Lecturer David Gewirtz is an author, U.S. policy advisor, and computer scientist. He is featured in The History Channel special The President's Book of Secrets, is one of America's foremost cyber-security experts, and is a top expert on saving and creating jobs. He is also director of the U.S. Strategic Perspective Institute as well as the founder of ZATZ Publishing.

David is a member of FBI InfraGard, the Cyberwarfare Advisor for the International Association for Counterterrorism & Security Professionals, a columnist for The Journal of Counterterrorism and Homeland Security, and has been a regular CNN contributor, and a guest commentator for the Nieman Watchdog of the Nieman Foundation for Journalism at Harvard University. He is the author of Where Have All the Emails Gone?, the definitive study of email in the White House, as well as How To Save Jobs and The Flexible Enterprise, the classic book that served as a foundation for today's agile business movement.

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