University of Maryland Sends Cease-and-Desist to Terpenes Brand Over ‘TERPS’ and Branding Style 

The University of Maryland (UMD) in July sent a cease-and-desist to Terps USA, a Colorado-based cannabis terpenes brand, over its branding, which the college says violates its “nearly identical” TERPS trademark.

In the letter, UMD said that “Over the course of nearly a century, the TERPS trademark has become closely associated with the University and its well-respected academic and athletic programs,” and “for many years the University’s students, faculty, staff, and alumni all proudly identify as ‘TERPS.’” 

Terps USA sells “liquid formulations of botanical terpenes applied as a fine mist to cannabis flower, pre-rolls or concentrates,” the company’s attorney, Milo Schwab, said in a response to the cease-and-desist letter.  

Specifically, at issue is the color scheme and font used by Terps USA – a stylized script, red font with white and black outlines – which the university claims is “very similar in appearance” to UMD’s trademarks and “would cause the consuming public to be confused as to the association of the University with” Terps USA’s goods and services.

“The University is particularly concerned that consumers may incorrectly believe that the University has licensed, sponsored, endorsed or is otherwise affiliated with cannabis-related products or services. Such an association would materially impair the goodwill embodied in the University’s famous TERPS marks.” — University of Maryland in the cease-and-desist letter 

In his response, Schwab said that the trademark registration cited by the university in their letter “does not establish” what the university claims it does. Schwab contends that, per the U.S. Patent and Trademark Office’s (USPTO) own record, the university’s trademark only covers “organizing and conducting college sport competitions and athletic events, and broadcast entertainment services.” 

Further, Schwab notes that the university’s trademark registration – issued Jan. 13, 2026 on an application filed Oct. 28, 2014 – “recites no date of first use” and postdates Terps USA’s application by more than five years and the company’s registration by more than three. 

Schwab states further that the registration by UMD, which claimed first use in 1933, was cancelled by the USPTO on March 10, 2023, “because registrant did not file an acceptable declaration under Section 8” – which covers renewal and maintenance of trademarks – and that another registration for MARYLAND TERRAPINS by the university was canceled in November 2023 on the same ground. 

“From March 2023 until January 2026, the University held no federal registration for the word TERPS standing alone,” Schwab said in the response to the university. “A further Class 25 application for TERPS…was filed on June 4, 2026 and remains unexamined.” 

Additionally, Schwab said that the USPTO has “repeatedly” treated the term “terps” as “the ordinary trade designation for terpenes, citing several cases wherein the agency required the term to be disclaimed and ultimately placed “terps” on the Supplemental Register, which doesn’t provide the same protections as the Principal Register.  

Schwab added that the company has “found no TERPS enforcement proceeding brought by the University… against anyone, notwithstanding the many companies trading under the term in this industry for the better part of a decade.” 

Additionally, Schwab pointed out that the color-and-style schema at issue is no longer used by Terps USA, which in July 2026 – as part of a brand refresh and before UMD’s letter – moved to a green-and-gold identity. Logo images on the company’s website reflect the change; however, the website still features products with the previous logo.  

“Our client’s position on the name is settled, and we do not expect it to change,” Schwab wrote in the response. “TERPS USA is the term for what our client sells; it has been used continuously since May 2019; it is the subject of a federal registration our client intends to maintain; and it is the name under which our client’s customers, suppliers and distributors know its business.” 

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.