[E-trademarks] Description of mark in trademark application and the FDA

[Janice Housey]

I am curious if others have researched this issue.

If a party files a trademark application for words that describe it as a “medical device for…..”, are there FDA implications?  That is, does the fact that you called it a medical device in the PTO preclude party from taking the position vis-à-vis the FDA that it is NOT a medical device.  (My understanding for this device is that it could be a medical device or it could also be used for other purposes that would not classify it- at least as to the FDA- as a medical device.)

Janice Housey
Litmus Law PLLC

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