[E-trademarks] FDA approval

[Edward Timberlake]

If no lawful use of the goods can be made, then wouldn't a registration of
the mark as a trademark for the goods remain vulnerable to attack?

As for whether an application for registration of a trademark for such a
device would result in a registration, mightn't that somewhat depend on
whether the Trademark Examining Attorney was aware of lawfulness of use as
an issue at the time of examination?


Sincerely,

Ed Timberlake
*Board Certified Specialist in Trademark Law
<https://www.nclawspecialists.gov/for-the-public/find-a-board-certified-specialist/results/detail/?id=29473>*

*Timberlake Law* <http://timberlakelaw.com/>
Chapel Hill, NC

Schedule a call on Clarity <https://clarity.fm/edtimberlake>
ed at timberlakelaw.com
919.960.1950








On Mon, Dec 4, 2023 at 7:54 PM Mark Kaufman via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> Client has a product that appears to be some sort of medical device (at
> least to me).  Let’s say it removes tattoos, without piercing the sling and
> without medical professional assistance.  If it does not have FDA approval,
> is it likely to be denied trademark registration? Certainly the denial of
> trademarks for all things containing CBD (despite the legality of CBD)
> would suggest an unhappy ending to this trademark application, too.
>
> Let me know your thoughts, please!
>
> Thanks,
> Mark
>
> Mark S. Kaufman
>
> Kaufman & Kahn, LLP
>
> Email:  kaufman at kaufmankahn.com
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