Trademark.Monster

Drones and Trademarks

By Susan Basko, esq.

Drone businesses are one of the fresh new areas of Trademark registrations. To qualify for a U.S. Trademark, the mark must be used on goods or services in commerce. That means the drone business must be a commercial business and not just a hobby or fun activity. Any drone used for commercial activity must have a licensed drone pilot. So, these two things go hand in hand -- if you are applying for a Trademark for your drone business, you also will need to get a Drone Pilot License from the FAA.

If you are starting a drone business, it's a good idea to protect the name of your business with a registered trademark. There are two basic categories -- businesses that sell drones as goods, and businesses that run a drone service, such as drone photography, drone inspection, drone search, etc. You will want to get in with a good drone business trademark before the best ones are all registered by someone else. The success of your business can hinge on having a good professional trademarked name.

In choosing a trademark for your drone business, it is wise to consult with a trademark lawyer before you settle on any trademark -- and certainly before you invest any money into the name. As with all trademarks, it cannot be "merely descriptive," nor can it be geographic. So, you cannot get a registered trademark on the Principal Register on the name "New York Drones," for a company in New York that provides drone services.

Drones equipped with cameras or other sensors are really popular now as a fun hobby or as a business venture. Drones are also known as UAVs, Unmanned Aerial Vehicles, or UAS, Unmanned Aerial Systems. More commonly, they are just called drones. Drones can be used by hobbyists to get fun aerial shots. They can also be used by organizations to survey land, search for a missing person, or make a video to promote a school or park. Professional drone businesses use unmanned aerial systems, which may have different types of sensors on them, to inspect oil fields and oil rigs, storage tanks, water towers, cell towers, building sites, roofs, etc. Any inspection job where you need to see the top of anything, a drone can be a great tool. Most drones send video to a computer on the ground, where it is analyzed and reports made for the client.

The basic law regarding drones comes from the Federal Aviation Administration, of FAA. Although States and cities may have local drone laws, the basic laws that all drone owners and users in the U.S. must follow come from the FAA.

There are 3 basics in current federal drone law:

1) Do you need to register your drone?
2) Do you need to be licensed to operate a drone?
3) Does your drone need to be able to communicate its identification?

1) DO YOU NEED TO REGISTER YOUR DRONE?

VERY LIGHTWEIGHT DRONE USED ONLY FOR RECREATIONAL PURPOSE -- DO NOT NEED TO REGISTER. ALL drones must be registered unless they weigh under .55 pounds or less (under 250 grams) AND if they are flown ONLY under the Exception for Recreational Flyers. Recreational Flyers are those who are not flying for any organizational or business purpose.

DRONE OVER .55 POUNDS and up to 55 POUNDS -- MUST REGISTER. (THOSE WITH drones over 55 pounds must contact the FAA directly.) You register your drone with the FAA at the Drone Zone. THIS IS THE LINK TO THE DRONE ZONE: drondzone.faa.gov

Registration costs $5 and is valid for 3 years. You'll need a credit or debit card and the make and model of your drone handy in order to register.

Create an account and register your drone at dronezone.faa.gov. Select "Fly sUAS under Part 107."

Once you've registered, mark your drone (PDF) with your registration number in case it gets lost or stolen.

2. DO YOU NEED TO BE LICENSED TO OPERATE YOUR DRONE?

YES, If your drone is between .55 pound (half pound) and up to 55 pounds, AND if you operate it for an organization or business, you need to get your Remote Pilot Certificate.

Become an FAA-Certified Drone Pilot by Passing the Knowledge Test

To be eligible to get your Remote Pilot Certificate, you must be:

At least 16 years old
Able to read, write, speak, and understand English
Be in a physical and mental condition to safely fly a UAS

Study for the Knowledge Test
Review Knowledge Test Suggested Study Materials provided by the FAA.

Obtain an FAA Tracking Number (FTN)
Create an Integrated Airman Certification and Rating Application (IACRA) profile prior to registering for the knowledge test.

Schedule an Appointment
Take the Knowledge Test at an FAA-approved Knowledge Testing Center.

Complete FAA Form 8710-13
Once you've passed your test, for a remote pilot certificate (FAA Airman Certificate and/or Rating Application) login the FAA Integrated Airman Certificate and/or Rating Application system (IACRA)* to complete FAA form 8710-13.

Review the full process to get your Remote Pilot Certificate.

3) DOES YOUR DRONE NEED TO BE ABLE TO COMMUNICATE ITS IDENTIFICATION (REMOTE ID)?

Yes, drones must now have Remote ID. There are several ways to meet the requirements.

What is Remote ID?

Remote ID is the ability of a drone in flight to provide identification and location information that can be received by other parties.

Why Do We Need Remote ID?

Remote ID helps the FAA, law enforcement, and other federal agencies find the control station when a drone appears to be flying in an unsafe manner or where it is not allowed to fly. Remote ID also lays the foundation of the safety and security groundwork needed for more complex drone operations.

There are three ways drone pilots will be able to meet the identification requirements of the remote ID rule:

Operate a Standard Remote ID Drone (PDF) that broadcasts identification and location information about the drone and its control station. A Standard Remote ID Drone is one that is produced with built-in remote ID broadcast capability in accordance with the remote ID rule's requirements.
Operate a drone with a remote ID broadcast module (PDF). A broadcast module is a device that broadcasts identification and location information about the drone and its take-off location in accordance with the remote ID rule's requirements. The broadcast module can be added to a drone to retrofit it with remote ID capability. Persons operating a drone with a remote ID broadcast module must be able to see their drone at all times during flight.
Operate (without remote ID equipment) (PDF) at FAA-recognized identification areas (FRIAs) sponsored by community-based organizations or educational institutions. FRIAs are the only locations unmanned aircraft (drones and radio-controlled airplanes) may operate without broadcasting remote ID message elements.

Much of this information is taken from the FAA website on UAS. Please go there to read more detailed information. This blog post is a basic summary. You will need to learn so much more to become a drone pilot.

Hemp, CBD, Cannabis, Marijuana and Today's Trademark Rules

by Susan Basko, esq

One of the hottest new areas for trademarks is goods and services involving Hemp, CBD, Cannabis, Marijuana, and their related goods and services. The maze of laws on these is rather tricky. As a lawyer working in trademark, I have been finding my way on this maze for several years now. It is pretty tricky, to say the least.

The basic idea is that the U.S. Trademark Office only allows trademarks that will be used in commerce legally, which means the goods or services themselves must be federally legal. While marijuana is legal in many states, it is still federally illegal. Therefore, all goods and services in connection with marijuana cannot get a U.S. trademark. This includes things such as designer marijuana, marijuana strains, dispensaries, marijuana grow ops, marijuana delivery services, websites selling marijuana, and on and on. Cannabis, when it is a synonym for marijuana, also cannot have federal trademark on its various goods and services. Sometimes Cannabis is used as a synonym for other strains of hemp, and goods or services may or may not be allowed trademark, as noted below.

Hemp, and its by-product, CBD oil, were made federally legal through the 2018 Farm Act Hemp Bill. However, the Food and Drug Administration and its FDAC (Food Drug and Cosmetics Act) forbids the use of CBD oil in anything that is consumed by humans or pets, including food or drinks for humans, pet or animal food, supplements, etc. Therefore, the Trademark Office will not issue trademarks on any of these things.

The Trademark Office will issue trademarks on soaps, cosmetics, and other such treatments for the skin or outside of the body if they contain CBD that is solely derived from hemp with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basis. Also, these items cannot have any medical claims made about them.

Trademark can also be issued on edibles that do not contain CBD oil, but contain hemp with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basis.

Third Party Reports from testing labs are used to determine the amount of THC in hemp or in CBD oil.

This is tricky. I sum it up in the chart below.

Is it Allowed to have a US Trademark?

Marijuana-related goods or services No 🚫

CBD oil in food, drink, or supplement No 🚫

CBD oil in soap, cosmetic, other external use with no medical claims YES ✅

Hemp in food and drink if it contains no CBD and THC less than 0.3 percent YES ✅

Hemp in non-edible goods YES ✅

Inquiries by Examiner. The Trademark process on any hemp or CBD goods is complex and tricky. The Trademark examiner may inquire as to where the goods and services will be sold, the source of suppliers, etc. The examiner will determine if the applicant's intent is to use the trademark legally in commerce.

Speedier Replies. The Trademark Examiner may issue an Office Action or emailed inquiry to the Trademark lawyer handing the case. The old rule was that such office actions or inquiries had to be answered within 6 months. The new rule states that replies must be sent within 3 months. The purpose of this rule change is to speed up the time in which a trademark is either denied or gets certified.

Foot in the Door. If you are selling a whole line of goods under the same trademark, and if some of those goods will meet the test of being federally legal, you can apply for a trademark on those goods. In the future, if and when the other goods become federally legal, you can apply for a trademark to cover those goods. That way, you have a foot in the door on having that trademark registered and in use.

🚫 Not a Do-it-Yourself Activity. And as always, keep in mind: Trademark is not a do-it-yourself activity. Please only use a real U.S. lawyer who has an active account with the U.S. Trademark Office.