A Company Trademarked “Psilocybin” to Upgrade Everyone’s “Inner Vibrations”

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Magic
mushrooms


aren’t
even
legal
(yet)
,
but
a
company
has
already
received
a
federal
trademark
for
the
word
“psilocybin.” 

The
trademark,
issued
by
the
US
Patent
and
Trademark
Office
(USPTO)
on
January
14,
is
now
owned
by


Psilocybin
,
even
though
the
compound
psilocybin
remains
federally
outlawed
as
a
Schedule
I
substance
(right
alongside
marijuana). 

However,
Psilocybin
the
company
only
makes
regular
ol’,
non-infused
chocolates.
According
to
the
company’s
website,
its
goal
isn’t
profiteering;
instead,
it’s
goal
is
“educating,
enlightening
and
supporting
the
community
in
upgrading
their
inner
vibrations
in
order
to
get
everything
they
want
of
their
time
here
on
earth.”

“Why
did
we
TM
the
word
Psilocybin™️?”
the
company’s
founder,
Scarlet
Ravin,
wrote
on
a



LinkedIn


post

last
Thursday.
“Because
what
happened
with
the
cannabis
market
I
don’t
want
to
repeat,
the
lack
of
education
and
awareness
of
cannabis
as
a
sacred
supplement
was
lost
to
getting
high
and
acting
famous.” 

The
trademark,
she
continued,
“allows
us
to
have
chocolates
at
Whole
Foods,
and
any
other
grocer
and
the
brand
name
will
be
Psilocybin.
This
will
allow
us
to
educate,
promote,
and
hold
space
for
the
new
wave
of
healing
about
to
take
place.”

Notably,
the
USPTO
specifically
granted
the
trademark
only
for
the
“development
and
dissemination
of
education
materials”
and
the
“publication
of
articles,
books,
pamphlets
and
newsletters.”
The
trademark
does
not
apply
to
the
sale,
manufacturing,
or
distribution
of
psilocybin-containing
products.

So,
if
you’re
planning
on
selling
psilocybin
mushrooms
or
edibles
when
they
finally
became
legal,
you’re
in
luck.
But
the
trademark
may
create
legal
complications
for
activist
organizations
that
use
the
word
“psilocybin”
in
their
own
educational
materials,
such
as
the
Society
for
Psychedelic
Outreach,
Reform,
and
Education
(SPORE).

“This
being
an
open-source
movement,
trademarking
the
word
‘psilocybin,’
in
some
ways
it
feels
like

although
I
don’t
think
this
is
her
intention

it’s
lacking
perspective,”
said
SPORE’s
founder,
Kevin
Matthews,
to



Marijuana
Moment
.
“Does
that
mean
we
can’t
use
‘psilocybin’
as
SPORE
because
we’re
an
educational
non-profit
and
she’s
a
for-profit
branded
company?
It
doesn’t
make
a
lot
of
sense
to
me.
She
needs
to
let
go
of
the
trademark.”

Trademarks,
which
protect
a
company’s
brand
names
and
logos
from
being
used
by
competitors,
can
be
issued
for
practically
any
word
or
sequence
of
words,
regardless
of
the
subject’s
legality.
The
same
goes
for
patents,
which
allow
people
or
companies
to
monopolize
novel
and
unique
inventions.
A
copyright,
which
protects
a
content
creator’s
claims
to
written,
visual,
artistic,
or
audio
works,
can
also
depict
or
illustrate
illegal
activities

in
most
cases.

Despite
Psilocybin’s
best
intentions,
one
attorney
said
that
if
the
company
did
decide
to
sue
a
person
or
organization
for
using
the
word
“psilocybin,”
its
claims
in
court
would
be
“somewhat
weak.”

“Even
if
they
might
be
somewhat
overreaching,
people
see
a
potential
new
market
here,
and
they
want
to
stake
out
their
ground,”
Larry
Sandell,
an
intellectual
property
lawyer,
told



Marijuana
Moment
.
“It’s
a
big
next
space
that
people
are
anticipating
a
legal
market.
Maybe
it’s
where
cannabis
was
five
to
10
years
ago.”

Regardless,
Ravin
promised
not
litigate
against
anyone
for
using
the
word,
regardless
of
their
intent. 

“We’re
not
going
to
ever
sue
anyone
who
also
uses
the
word

we’re
opening
a
doorway
for
ourselves
and
anyone
that
wants
to
see
this
educated
upon…”
she


said
.

And
in
case
you’re
wondering,
yes,
your
favorite
quasi-legal
substance
has
already
been
trademarked,
too.
Last
year,
the
wine-
and
beer-making
company


Weed
Cellars

trademarked
“weed”
for
their
line
of
booze
that’s
branded
with
the
word
but
doesn’t
actually
contain
THC
or
marijuana
extracts.
While
that
means


actual
weed-infused
drinkables

branded
with
the
word
“weed”
are
fine
(for
now),
anyone
else
who
wants
to
make
weedless
wine
or
beer
branded
with
“weed”
will
be
shut
out
of
the
market
without
Weed
Cellars’
permission.

In
2018,
the
California-based
pot
company


MedMen
filed
a
trademark
on
“cannabis,”

but
the
trademark
only
applies
for
printing
the
word
on
t-shirts.

Licensed
marijuana
retailers
currently


cannot
receive
federal
trademarks

for
anything,
“weed,”
“marijuana,”
or
otherwise
due
to
weed’s
Schedule
I
status.
They
can,
however,
apply
for
state-recognized
trademarks,
which
are
only
protected
within
the
appropriate
state.


Follow
Randy
Robinson
on




Twitter

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