Regulation
University of Maryland Sends Cease-and-Desist to Terps USA Over 'TERPS' Trademark and Branding
The university claims the Colorado cannabis terpenes brand's name and red-and-white script logo are 'nearly identical' to its famous TERPS marks, while the company argues the trademark covers only athletic events and was canceled for years.
The University of Maryland has sent a cease-and-desist letter to Terps USA, a Colorado-based cannabis terpenes brand, alleging the company's 'TERPS' name and red script logo infringe on the university's trademark. Terps USA's attorney disputes the claim, noting the university's federal registration for the word TERPS was canceled from 2023 to 2026 and covers only athletic events, not cannabis products.
The University of Maryland (UMD) sent a cease-and-desist letter in July to Terps USA, a Colorado-based cannabis terpenes brand, over the company's use of the 'TERPS' name and a red script logo the university says is 'nearly identical' to its trademark.
In the letter, UMD stated that over nearly a century the TERPS trademark has become closely associated with the university and its academic and athletic programs, and that students, faculty, staff, and alumni proudly identify as 'TERPS.'
The university said it is particularly concerned that consumers may incorrectly believe UMD has licensed, sponsored, endorsed, or is otherwise affiliated with cannabis-related products, which would materially impair the goodwill of its famous TERPS marks.
Terps USA sells liquid formulations of botanical terpenes applied as a fine mist to cannabis flower, pre-rolls, or concentrates, according to the company's attorney, Milo Schwab.
Schwab responded that the trademark registration cited by the university does not establish what UMD claims. He said the USPTO record shows the university's trademark covers only organizing and conducting college sport competitions and athletic events, and broadcast entertainment services.
Schwab also noted that UMD's registration, issued January 13, 2026, postdates Terps USA's application by more than five years and its registration by more than three. He said the university's earlier registration claiming first use in 1933 was canceled by the USPTO on March 10, 2023, for failure to file an acceptable Section 8 declaration.
From March 2023 until January 2026, the university held no federal registration for the word TERPS standing alone, Schwab said. A further Class 25 application for TERPS was filed on June 4, 2026, and remains unexamined.
Schwab added that the USPTO has repeatedly treated 'terps' as the ordinary trade designation for terpenes, placing the term on the Supplemental Register, which does not provide the same protections as the Principal Register.
He also pointed out that the color-and-style schema at issue is no longer used by Terps USA, which moved to a green-and-gold identity in July 2026 as part of a brand refresh before UMD's letter. However, the company's website still features products with the previous logo.
In an emailed statement to Ganjapreneur, Rebecca Aloisi, senior director of university communications for UMD, said the university 'won't have anything else' beyond the cease-and-desist.