The newly released Examination Guide  for trademark examiners at the US Patent and Trademark Office (“USPTO”) entitled “Examination of Marks for Cannabis and Cannabis-Related Goods and Services after Enactment of the 2018 Farm Bill” clarifies that applications for hemp and hemp derived products, including CBD, filed after Dec. 20, 2018 as either intent-to-use or having a first use date on or after Dec. 20, 2018 will generally be eligible for trademark registration.  Applications for marks for foods, beverages, dietary supplements, or pet treats containing CBD will still be refused as unlawful under the Federal Food Drug and Cosmetic Act, even if derived from hemp, as such goods may not be introduced lawfully into interstate commerce. The Guide additionally states that the USPTO will be requiring the description of goods explicitly to state “containing less than 0.3% THC on a dry-weight basis.”  Regarding hemp and hemp-derived product applications filed prior to Dec. 20, 2018, the USPTO will be giving these applicants the opportunity to amend their filing and first use dates to after Dec. 20, 2018.