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

[voyer@keganlaw.com]

> are there FDA implications.

If a dispute arises (FDA, Tm, else) expect to have to explain more, with admissible evidence how the device
has been marketed by your client and others.
USA tm use must be lawful, so examiner query is possible.
etc.

Daniel Kegan *  <daniel at keganlaw.com>
KeganLaw * Counsel to Counsel™ * <http://www.keganlaw.com>
We identify, develop, and protect intangible business assets
and counsel other professionals on legal issues.
Balanced Counsel for Smart Clients®
29 Kendal Dr
Kennett Square PA 19348-2323 USA
847=452-2599

> On Mar 29, 2024, at 3:25 PM, Janice Housey via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
> 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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