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.
