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About Keith

Keith A. Barritt is a principal in the Washington, D.C., office of Fish & Richardson P.C. His practice is primarily focused on all aspects of trademark law, including prosecution and inter partes proceedings before the U.S. Patent and Trademark Office, internet domain name issues, and trademark selection and enforcement, as well as all aspects of medical device regulation by the U.S. Food and Drug Administration, including obtaining marketing authorization for medical devices, use of new devices for investigational purposes, and import and export issues. He has been recognized by World Trademark Review 1000 for trademark prosecution and strategy in the D.C. metro area since 2014. His prior experience includes three years as a legislative aide to U.S. Representative John Murtha in Washington, D.C. (1983-1986).

Trademark Experience

Mr. Barritt has obtained hundreds of federal trademark registrations for large multinational companies and small start-ups, overcoming PTO initial rejections, for various marks applied to a wide range of goods and services. He has successfully handled scores of opposition and cancellation proceedings before the Trademark Trial and Appeal Board. Mr. Barritt has also written and responded to numerous cease and desist letters regarding alleged trademark infringement and has negotiated and drafted trademark license agreements and other settlements to maximize client value.

FDA Experience

Mr. Barritt has prepared and filed dozens of 510(k) pre-market notifications with the FDA to obtain marketing authorization for various types of medical devices, ranging from innovative lasers to software-based surgical devices. He advises clients on issues involving quality system regulations, device labeling, medical device reporting obligations, recalls, device listing, establishment registration, and import/export regulations. He is also familiar with regulation of cosmetics and dietary supplements.

Selected Publications

IP and Cannabis: The Current Landscape,” co-author, Fish Blog (December 2, 2020).

Trademarks 101,” Fish Trademark & Copyright Thoughts Blog, (December 9, 2019).

USPTO Pilot Program Regarding Specimen Authenticity,” Fish & Richardson Trademark & Copyright Thoughts Blog (July 5, 2018).

U.S. Trademark Office Clarifies Filing Deadlines for Resurrecting Dead Applications and Registrations,” Fish & Richardson Trademark & Copyright Thoughts Blog (July 5, 2017).

What Does The “In” in “Incontestable” Mean?” Fish & Richardson Trademark & Copyright Thoughts Blog (May 19, 2017).

Medical Device Trademarks 101: Protecting Your Good Name,” Med Device Online (April 13, 2016).

“How To Build A 510 (k) Application For Your Mobile Medical App,” Med Device Online (October 6, 2015).

New gTLDs: preparing for the next round of the online expansion,” World Trademark Review (October 2015).

How to Avoid FDA Regulation of Your Mobile App,Med Device Online (July 7, 2015).

Pharmaceutical Trademarks 2015/2016: A Global Guide,” World Trademark Review (February 2015).

FDA’s Draft ‘Wellness’ Guidance Potentially Expands the Universe of Unregulated Products,” BNA’s Health IT Law & Industry Report (January 26, 2015).

Let’s Eliminate ‘Ongoing Efforts’ Requirement For Trademarks,” Law360 (May 21, 2014).

New Internet Domain Name Options Available for Pharma Industry,” Pharmaceutical Compliance Monitor (February 2014).

“The Trademark Clearinghouse for New gTLDs: Beware the Hype,” Law Lore & Practice (September 2013).

“Is Your Company Ready for ‘.Anything?'” Corporate Live Wire (December 12, 2011).

New FDA Draft Guidance Sheds Light On Regulation of ‘Mobile Medical Apps’ and Other Software,” BNA’s Medical Devices Law & Industry Report (August 20, 2011).

Plaintiff Beware: Perils of Bringing False Advertising Claims Against FDA-Regulated Products,” Fish & Richardson Trademark & Copyright Thoughts (Winter 2010).

“Trademark Applicants Beware: US Trademark Office Raises Bar for Demonstrating a ‘Bona Fide Intent’ to Use Mark in US Commerce,” Fish & Richardson Trademark Thoughts (Spring 2010).

Wireless Medical Devices: Navigating Government Regulation in the New Digital Age,” BNA’s Medical Devices Law & Industry Report (February 24, 2010).

Don’t be confused about whether your trademark is used,” Fish & Richardson (January 26, 2009).

FDA At The Border: Import and Export Regulations for Medical Devices,” BNA’s Medical Devices Law & Industry Report (July 4, 2007).

“Drug Name Game,” The National Law Journal (May 12, 2003).

Selected Presentations

Speaker, “IP and Cannabis: The Current Landscape,” Fish & Richardson Webinar (2020).

Speaker, “Trademarks 101,” Fish & Richardson Webinar (2019).

Speaker, “Regulatory mobile medical devices: Overcoming local and global challenges,” MD&M East, New York (2014).

Speaker, “Regulatory Guidance on mHealth and Wireless Medical Devices,” BIOMEDevice Learning Lab, Boston (2014).

Speaker, “It’s Kickoff Time! Protecting Your Trademarks in the New Generic Top-Level Domain Names,” BNA Webinar (2013).

Moderator, “Review Updated gTLD Application Processes to Determine Risks and Opportunities Presented by ICANN’s Program,” World Congresses’s 2nd Annual Generic Top-Level Domain Names Summit (2013).

Speaker, “Understanding current FDA Guidance to determine the impact on future regulations and the implications for wireless medical devices,” UBM Canon’s Wireless Connectivity in Medical Devices East, Boston (2012).

Speaker, “FDA Regulation of Software,” Northern Virginia Technology Council Health Technology Committee Meeting (2012).

Speaker, “The Future of Wireless Medical Devices – FCC, FDA, and Patent Considerations,” Bloomberg BNA Webinar (2012).

Speaker, “gTLD Update,” 83rd Pharmaceutical Trademark Group Conference, Prague (2011).

Speaker, “Cosmic Shift Coming Soon to Internet Domain Name System,” Fish & Richardson Webinar (2011).

Speaker, “Regulation of Pharmaceutical Trademarks,” Princeton, NJ (2010).

Speaker, “FDA Regulation of the Export and Import of Medical Devices,” Food and Drug Law Institute, Washington, D.C. (2008).

Speaker, “FDA Regulation of Medical Devices,” Georgia Life Sciences Summit, Atlanta (2008).

Speaker, Food and Drug Law Institute’s “Introduction to Medical Device Law and Regulation: Understanding How FDA Regulates the Medical Device Industry” workshop, Washington, D.C. (2007).

Speaker, Government Intellectual Property Law Association meeting, Washington, D.C. (2006).

Speaker, INTA Trademarks in Cyberspace Forum, Vancouver (2005).

Speaker on “Reverse Whois” online seminar (2004).

Speaker on “FDA Approval of Trademarks” seminar, Boston (2003).

Trademark Law Presentation given at the 224th annual meeting of the American Chemical Society in Boston (2002).

Listed in World Trademark Review 1000, Washington, D.C., (2014 – 2021).

Named “IP Star” by Managing Intellectual Property, (2018, 2019, 2020).

Listed in The Legal Media Group “Guide to the World’s Leading Trade Mark Law Practitioners” (2018).

Listed in Who’sWho Legal: Trademarks (2015 – 2017).

Recipient of International Trademark Association’s Volunteer Service Award (2004).

Focus Areas

J.D., University of Virginia (1989) Editorial board member, Virginia Journal of International Law (1987-1989)

B.A. cum laude, Foreign Affairs and Philosophy, University of Virginia (1983)

  • Virginia 1989
  • District of Columbia 1991
Memberships & Affiliations

International Trademark Association Emerging Issues Committee (2018-Present), Legislation and Regulation Committee (2014 – 2017), Internet Committee (2010 – 2013), Pharmaceuticals Subcommittee (2006-2009), Chairman of Whois Subcommittee (2004-05), and member of Regulatory Analysis and Legislative Analysis Subcommittees (1996-2003).

ICANN Implementation Assistance Group for the creation of the Trademark Clearinghouse supporting the new generic top-level domain names, 2011-2012.

Member of the Northern Virginia Technology Council Health Tech Subcommittee (2009-2010).

Pharmaceutical Trademark Group (PTMG) 2007-present.

What's trending with Keith

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April 7, 2021
Thirty Fish Attorneys Named to 2020 Capital Pro Bono Honor Roll
February 26, 2021
Fish & Richardson’s Trademark Practice Receives Top Rankings by World Trademark Review
Press Release
December 2, 2020
IP and Cannabis: The Current Landscape
Authors: Steffen C. Lake, Jon Jekel, Keith A. Barritt, M. Angela Parsons, Ph.D., Steven R. Katz
October 20th, 2020 | 1:30 pm EDT
Webinar | IP and Cannabis: The Current Landscape
August 4, 2020
32 Fish & Richardson Attorneys Named 2020 “IP Stars” by Managing Intellectual Property Magazine
March 3, 2020
Fish & Richardson Named Top Trademark Law Firm for 10th Straight Year by World Trademark Review
Press Release
December 9, 2019
Trademarks 101
Authors: Nancy Ly, Keith A. Barritt
July 26, 2019
Heightened Scrutiny of Specimens of Use at U.S. Trademark Office
Author: Keith A. Barritt
July 3, 2019
New Rule Requires Foreign-Domiciled Trademark Applicants, Registrants, and Parties at TTAB to Be Represented by U.S. Attorney
Author: Keith A. Barritt
May 22, 2019
Fish & Richardson Announces 32 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
Press Release
February 21, 2019
Fish Named Top Trademark Law Firm for Ninth Straight Year by World Trademark Review
Press Release
May 21, 2018
Fish & Richardson Announces 39 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
Press Release
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