Have Legal Questions? Ask a Lawyer Now.
I do not see any problem with the name from a trademark persepctive, but I am not an expert in FDA but my understanding is that the FDA would not be concerned with that naming, but rather, if anything they would be concerned wit hthe product name and description (especially as it relates to marketing)
I would love to continue to use Expansive Medicine ( I market it as a health program never a cure or treatment...I talked about how it helped me etc
Someone said being a dentist and not a physician could be a problem or a opening for FDA to criticize ??
If that name is XXXXX XXXXX for the product, and it is not medicine, then I see the potential concern
Is there such an expert to get the detailing I am looking for in your company?
It was Dr Craig Brown's Expansive Medicine Energizer
I think your status as dentist vs. MD is not so important....the main concern is that you may be giving the false impression that something is indeed "medicine" and thus FDA approved (at least that would be the perspective from the FDA)
no claim ...disclaimer as you see is at the bottom of each page, and specifically no treatment or claim
That definitely helps....but disclaimers only go so far
I know, that is the potential 'opening' ..that is why I changed it to Wholistic Health
I will check, but im not aware of an FDA category
I think the name change is a good idea
Now, I am thinking that the product part of this with Medicine word can be an issue in the future...Can I use the name on the site or in reference to my teachings or trademark and a difference name for the product line, or just me name, like Dr Brown's Cream Soda
you can use the name more generally, and have a different name for your product(s)
Just put a few years of marketing into name expansive medicine and TM
it is the product name that will be most important because that is what the public is seeing
You could still keep it as a company name etc
but clarify the product name to avoid false impressions of "medicine"
For instance I call my Conferences and lecture, or was calling them Dr Craig brown's Expansive Medicine Health and Longevity Conference...
ok that sound good..Can I get into 'problems' by keeping the name but separate from the products...like on the Website home page logo etc...( I recently changed all , but with hesitation lol
Website fine too you think? i worry about licensure issues
normally it is common to use different names for company / website / products
im not sure which licenses you are concerned with but im afraid I am knowledgeable on that, just IP law issues
as long as Medicine in media material is ok as long as separate from the products i can still use it it appears..sorry for being repetitive, just want to make sure I am understanding
I think it hsould be fine in media materials because you do more than make products, you are using the name for different purposes (e.g. lectures, books etc).
yes..ok thank you so much
and when it comes to FDA and the like, concerns about the consumer confusion will center on the produc name and label info (so be careful there)
you're welcome, best of luck!
Educator, Esq: Follow up question: Is the following
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).