On October 6, 2020, the USPTO registered our client's Endourage trademark for a cream containing CBD and for an online store selling products containing CBD (see TSDR link).
When registering the mark, we specifically chose which of our client's products to associate with the mark. We followed the USPTO's guidance to clearly state that our client's product contains less then 0.3% THC (see Examination Guide). And, we avoided registering the mark for something that could be characterized as a dietary supplement or food because CBD in dietary supplements or food will be deemed illegal under the FDCA so long as CBD remains the subject of a clinical investigation.
Image from Endourage's website.