Federal Trademark Office Rejects Snoop Dogg’s Bid To Trademark ‘Smoke Weed Everyday’

Officials say the well-known lyric is too widely used to function as a brand name and note federal law still prohibits cannabis-related trademarks.

The United States Patent and Trademark Office has denied a federal trademark request from rapper and entrepreneur Snoop Dogg for the phrase “Smoke Weed Everyday,” ruling that the widely recognized line is too commonly used to function as a protected brand name.

The phrase originates from the closing line of the 2001 song “The Next Episode” by Dr. Dre featuring Snoop Dogg. The artist sought to secure trademark protection for the slogan as part of plans to use it for a chain of marijuana dispensaries.

In a decision issued March 10, the trademark examiner concluded that the lyric has become so broadly associated with cannabis culture that consumers would not interpret it as identifying a single company’s goods or services.

“This term or phrase is a song lyric commonly used in association with cannabis use,” the trademark examiner wrote in response to the request. “Because consumers are accustomed to seeing this term or phrase used in ordinary language by many different sources, they would not perceive it as a mark identifying the source of applicant’s goods and/or services but rather as only conveying an informational message.”

In addition to the phrase’s widespread use, the agency cited another barrier: federal law still classifies marijuana as illegal. Because of that classification, trademarks tied to products or services that violate federal law cannot receive federal registration.

“Because applicant’s goods and/or services include items or activities that are a per se violation of federal law, the intended use or use of the applied-for mark in commerce in connection with such goods and/or services cannot be lawful,” the examiner added.

Although the ruling blocks federal trademark protection for the phrase, it does not prevent Snoop Dogg from continuing to use the name in business ventures. However, according to Billboard, without a registered trademark, protecting the brand from copycat businesses could become more challenging.

The artist also retains the option to challenge the decision. The process allows applicants to respond directly to the examining attorney, appeal to the agency’s Trademark Trial and Appeal Board, and ultimately take the matter to federal court if necessary.

Snoop Dogg has already been using a variation of the phrase in his cannabis-related businesses. In Los Angeles, he operates a dispensary called S.W.E.D., an acronym derived from the lyric, and he also runs Coffeeshop S.W.E.D. in Amsterdam.

That version of the brand name has encountered fewer legal obstacles. The performer has also applied for a trademark for “S.W.E.D.,” and the application has already received preliminary approval, suggesting that the abbreviated form may ultimately secure federal protection even as the full phrase remains off-limits.