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alex reese
alex reese, Attorney
Category: Legal
Satisfied Customers: 3059
Experience:  BS, MS, JD
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I am a Doctor of Dental Surgery (DDS) and i have started an

Resolved Question:

I am a Doctor of Dental Surgery (DDS) and i have started an online website, selling formula drinks ( with appropriate disclaimer on every page) I also lecture on health. My trademarked name isXXXXX ( you can google website and expansive medicine). Is there a problem with the name medicine in my usage of Expansive Medicine ( I do not treat/not diagnose etc etc in my site disclaimer bottom of the pages on my site) Someone in the CME business not a professional, just an opinion stated the use of medicine in expansive medicine may be a problem to the FDA or licensing because I am a dentist vs MD a DDS that does not sound right or applicable??) ....I do not see that at all, but can we find out if an red flag or restrictions? I changed my name to Expansive Wholistic Health Health recently ( my site is under all three names www.DrCraigBrown.com )
Submitted: 1 year ago.
Category: Legal
Expert:  alex reese replied 1 year ago.

alex reese :

hello

Customer:

hi

alex reese :

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)

Customer:

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

Customer:

Someone said being a dentist and not a physician could be a problem or a opening for FDA to criticize ??

alex reese :

If that name is XXXXX XXXXX for the product, and it is not medicine, then I see the potential concern

Customer:

Is there such an expert to get the detailing I am looking for in your company?

Customer:

It was Dr Craig Brown's Expansive Medicine Energizer

alex reese :

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)

Customer:

no claim ...disclaimer as you see is at the bottom of each page, and specifically no treatment or claim

alex reese :

That definitely helps....but disclaimers only go so far

Customer:

I know, that is the potential 'opening' ..that is why I changed it to Wholistic Health

alex reese :

I will check, but im not aware of an FDA category

alex reese :

I think the name change is a good idea

Customer:

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

alex reese :

you can use the name more generally, and have a different name for your product(s)

Customer:

Just put a few years of marketing into name expansive medicine and TM

alex reese :

it is the product name that will be most important because that is what the public is seeing

alex reese :

You could still keep it as a company name etc

alex reese :

but clarify the product name to avoid false impressions of "medicine"

Customer:

For instance I call my Conferences and lecture, or was calling them Dr Craig brown's Expansive Medicine Health and Longevity Conference...

alex reese :

I see

alex reese :

that's fine

Customer:

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

Customer:

Website fine too you think? i worry about licensure issues

alex reese :

normally it is common to use different names for company / website / products

alex reese :

im not sure which licenses you are concerned with but im afraid I am knowledgeable on that, just IP law issues

alex reese :

"not knowledgeable

Customer:

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

alex reese :

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).

Customer:

yes..ok thank you so much

alex reese :

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)

alex reese :

you're welcome, best of luck!

alex reese, Attorney
Category: Legal
Satisfied Customers: 3059
Experience: BS, MS, JD
alex reese and 4 other Legal Specialists are ready to help you

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alex reese
alex reese
Lawyer
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BS, MS, JD