--- title: Hemp-Based THC Cosmetics Get Trademark Approval! description: Native Nations Cannabis wins trademark appeal, securing the mark for THC Cosmetics made with hemp-derived ingredients. image: https://420intel.com/hubfs/testeur-de-cbd-NiOI07xsOuQ-unsplash-1.jpg --- [![420intel.com](https://420intel.com/hs-fs/hubfs/Asset%2016-1.png?width=300&height=162&name=Asset%2016-1.png "420intel.com")](https://420intel.com) - [Home](https://420intel.com) - [Advertise](https://420intel.com/advertise) - [Directory](https://420intel.com/directory) - [Topics](https://420intel.com/blog) - [Recreational News](https://420intel.com/blog/tag/recreational-cannabis-news) - [Business News](https://420intel.com/tag/cannabis-business-news) - [Politics](https://420intel.com/tag/cannabis-politics) - [Technology](https://420intel.com/tag/cannabis-technology-news) - [Research](https://420intel.com/tag/medical-cannabis-news) - [Contact](https://420intel.com/contact-us) - [Follow us on Facebook](https://www.facebook.com/420intel) - [Follow us on LinkedIn](https://www.linkedin.com/company/420-intel/) - [Follow us on Twitter](https://x.com/420intel) - [Follow us on Instagram](https://www.instagram.com/420intel) ### Press ESC to close [![420intel.com](https://420intel.com/hs-fs/hubfs/Asset%2016-1.png?width=300&height=162&name=Asset%2016-1.png "420intel.com")](https://420intel.com) - [Home](https://420intel.com) - [Advertise](https://420intel.com/advertise) - [Directory](https://420intel.com/directory) - [Topics](https://420intel.com/blog) - [Recreational News](https://420intel.com/blog/tag/recreational-cannabis-news) - [Business News](https://420intel.com/tag/cannabis-business-news) - [Politics](https://420intel.com/tag/cannabis-politics) - [Technology](https://420intel.com/tag/cannabis-technology-news) - [Research](https://420intel.com/tag/medical-cannabis-news) - [Contact](https://420intel.com/contact-us) - [Follow us on Facebook](https://www.facebook.com/420intel) - [Follow us on LinkedIn](https://www.linkedin.com/company/420-intel/) - [Follow us on Twitter](https://x.com/420intel) - [Follow us on Instagram](https://www.instagram.com/420intel) # Hemp-Based THC Cosmetics Get Trademark Approval! - [![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=80&height=80&name=Buzz-No%20Outline-2.png) Buzz](https://420intel.com/blog/author/buzz) - [Cannabis Technology News](https://420intel.com/blog/tag/cannabis-technology-news) - 29 August 2025 The market for hemp-derived beauty products continues to grow, and the latest decision by the Trademark Trial and Appeal Board (TTAB) highlights the evolving legal landscape for THC Cosmetics. FSST Pharms, LLC, doing business as Native Nations Cannabis and owned by the Flandreau Santee Sioux Tribe in South Dakota, recently won its appeal to register the mark *NATIVE NATIONS CANNABIS* for cosmetic goods made with hemp-derived ingredients. The application covered a range of products identified as THC Cosmetics containing hemp ingredients with no more than 0.3% delta-9 THC on a dry weight basis. Because these products comply with the 2018 Farm Bill, which legalized hemp derivatives under federal law, they fall outside the restrictions of the Controlled Substances Act. Importantly, these lawful THC Cosmetics did not raise issues under Food and Drug Administration oversight since they were limited to topicals rather than ingestible goods. The dispute arose when the Examining Attorney refused registration, arguing that the mark *NATIVE NATIONS CANNABIS* was merely descriptive. According to the USPTO examiner, the wording could immediately suggest that THC Cosmetics were connected to federally recognized Native nations, including several based in South Dakota. To bolster this point, the examiner presented evidence of cannabis use in indigenous traditions and press coverage about tribal efforts to explore cannabis businesses. Native Nations Cannabis countered that no evidence showed other brands using the phrase “Native Nations” in connection with THC Cosmetics. The applicant emphasized that the record lacked proof of descriptive use in advertising, trade publications, or among consumers.   The TTAB agreed. The panel concluded that the term *NATIVE NATIONS* did not describe a geographic origin or recognized source of hemp or cannabis products. Even if it suggested the applicant’s tribal ownership, that alone did not make it merely descriptive of THC Cosmetics. The Board further reasoned that when combined with the disclaimed word *CANNABIS*, the overall mark created a distinctive impression rather than a generic description. This decision provides reassurance for businesses seeking to brand THC Cosmetics in ways that connect with cultural or community identities. The TTAB’s ruling shows that while the USPTO remains cautious about cannabis-related marks, applicants can succeed when their branding is more suggestive than descriptive. For companies in the booming THC Cosmetics sector, the Native Nations victory offers an important precedent: distinctive marks that do not directly describe ingredients, qualities, or geographic origins may clear the hurdle of trademark registration. As the market expands, strong trademark protection will be essential for businesses to stand out in an increasingly competitive field.   [by Mondaq](https://www.mondaq.com/unitedstates/cannabis/1672026/cannabis-industry-insight-trademark-is-registered-for-cosmetics-containing-hemp-derived-thc-despite-a-descriptiveness-refusal) [Cannabis Technology News](https://420intel.com/blog/tag/cannabis-technology-news) ![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=200&height=200&name=Buzz-No%20Outline-2.png) #### [Buzz](https://420intel.com/blog/author/buzz) At 420 Intel, we cover cannabis legalization news throughout the world, offer reliable information for cannabis business owners, detail technological advances that impact the marijuana industry, cover marijuana rallies from across the globe, and everything in between. - - - [Recreational Cannabis News](https://420intel.com/blog/tag/recreational-cannabis-news) [![White Earth Nation Expands with New Cannabis Shops](https://420intel.com/hs-fs/hubfs/AI-Generated%20Media/Images/The%20image%20depicts%20a%20vibrant%20and%20bustling%20cannabis%20dispensary%20adorned%20with%20colorful%20signage%20promoting%20various%20cannabis%20products%20Inside%20shelves%20are%20stocked%20with%20an%20array%20of%20neatly%20arranged%20marijuana%20strains%20edibles%20and%20accessories%20all%20under%20soft%20warm%20l-3.jpeg?width=550&height=395&name=The%20image%20depicts%20a%20vibrant%20and%20bustling%20cannabis%20dispensary%20adorned%20with%20colorful%20signage%20promoting%20various%20cannabis%20products%20Inside%20shelves%20are%20stocked%20with%20an%20array%20of%20neatly%20arranged%20marijuana%20strains%20edibles%20and%20accessories%20all%20under%20soft%20warm%20l-3.jpeg)](https://420intel.com/blog/white-earth-nation-expands-with-new-cannabis-shops) - [![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=80&height=80&name=Buzz-No%20Outline-2.png) Buzz](https://420intel.com/blog/author/buzz) - 22 May 2025 #### [White Earth Nation Expands with New Cannabis Shops](https://420intel.com/blog/white-earth-nation-expands-with-new-cannabis-shops) The White Earth Band of Chippewa will be the first tribal nation in Minnesota to open cannabis... [Recreational Cannabis News](https://420intel.com/blog/tag/recreational-cannabis-news) [![Tribal Hemp Products: A New Era Begins](https://420intel.com/hs-fs/hubfs/testeur-de-cbd-lbCthdX_HkU-unsplash.jpg?width=550&height=395&name=testeur-de-cbd-lbCthdX_HkU-unsplash.jpg)](https://420intel.com/blog/tribal-hemp-products-a-new-era-begins) - [![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=80&height=80&name=Buzz-No%20Outline-2.png) Buzz](https://420intel.com/blog/author/buzz) - 14 August 2025 #### [Tribal Hemp Products: A New Era Begins](https://420intel.com/blog/tribal-hemp-products-a-new-era-begins) This article was originally published by ICT News, formerly Indian Country Today. [Cannabis Politics](https://420intel.com/blog/tag/cannabis-politics) [![Minority-Owned Cannabis Delivery 'Tribal Fire' Dishes Out Secret Sauce For Investors](https://420intel.com/hs-fs/hubfs/Imported_Blog_Media/Minority-Owned%20Cannabis%20Delivery%20Tribal%20Fire%20Dishes%20Out%20Secret%20Sauce%20For%20Investors.jpg?width=550&height=395&name=Minority-Owned%20Cannabis%20Delivery%20Tribal%20Fire%20Dishes%20Out%20Secret%20Sauce%20For%20Investors.jpg)](https://420intel.com/blog/minority-owned-cannabis-delivery-tribal-fire-dishes-out-secret-sauce-investors) - [![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=80&height=80&name=Buzz-No%20Outline-2.png) Buzz](https://420intel.com/blog/author/buzz) - 20 September 2024 #### [Minority-Owned Cannabis Delivery 'Tribal Fire' Dishes Out Secret Sauce For Investors](https://420intel.com/blog/minority-owned-cannabis-delivery-tribal-fire-dishes-out-secret-sauce-investors) Cape Cod’s Native American-Owned Cannabis Delivery Service Aims High. In the heart of Cape Cod,... - [Follow us on Facebook](https://www.facebook.com/420intel) - [Follow us on LinkedIn](https://www.linkedin.com/420intel) - [Follow us on Twitter](https://twitter.com/420intel) - [Follow us on Instagram](https://www.instagram.com/420intel) Back to Top ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Buzz", "url" : "https://420intel.com/blog/author/buzz" }, "dateModified" : "2025-08-29T12:45:25.424Z", "datePublished" : "2025-08-29T11:23:04.000Z", "headline" : "Hemp-Based THC Cosmetics Get Trademark Approval!", "image" : [ "https://420intel.com/hubfs/testeur-de-cbd-NiOI07xsOuQ-unsplash-1.jpg" ], "mainEntityOfPage" : { "@id" : "https://420intel.com/blog/hemp-based-thc-cosmetics-get-trademark-approval", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://420intel.com/hubfs/Asset%2016.png" }, "name" : "420 Intel" } } ```