Protecting Trademarks in the Healthcare Industry

Due to a growing need for medical care, the healthcare industry is one of the most rapidly expanding areas of business in the United States. As old healthcare companies try to maintain a secure trademark in the industry, newer healthcare companies are able to create a point of identification for consumers. If you are interested in protecting trademarks in the healthcare industry, there are some recommended steps that you should follow.

Unique Problems for Healthcare Trademarks

One of the most significant problems in selecting a trademark in the healthcare industry is the level of distinctivenessin trademarks. One of the lowest categories of marks is descriptive trademarks, which are sometimes but not always granted in trademark filings. These marks provide information to the consumer about service or products but lack the more fanciful, arbitrary, and suggestive nature of trademark filings that are often granted as marks. Hospitals and other types of companies in the healthcare industry are often named with geographic designations, the names of famous individuals, or in the case of practices even family names. These types of titles are often grouped in the descriptive category. As a result, there is often a risk that these types of marks will not be granted if a trademark filing is made.

Advice When Naming A Healthcare Company

Fortunately, there are several pieces of advice that have proven to be helpful when naming a business in the healthcare industry. Some pieces of advice include the following:

  • Pair The Mark With A Descriptive Tagline. Sometimes, a mark’s distinctiveness can change over a period of time. If a hospital has been known by one of these types of titles for an extended period of time, however, the name can be combined with a very descriptive tagline when filing with the United States Patent and Trademark Office.

  • Use a Place Name That Does Not Refer to Specific Locations. Some healthcare businesses are able to successfully register marks by using this technique.

  • Select A Little Known Place Name. By selecting a geographic title or the name of a famous person for a healthcare business that is not widely known by the public, healthcare businesses have been able to register trademarks.

  • Consult With An Attorney. Naming a business in the healthcare industry has become particularly difficult. If you are uncertain about the distinctiveness of your mark or having difficulty deciding on a trademark, a knowledgeable intellectual property attorney can prove to be particularly helpful.

Contact a Knowledgeable Trademark Attorney

Trademarks play a very important role in identifying a company to its consumers as well as the general public. While registering a trademark can help establish a business's identity, failure protecting trademarks can result in substantial monetary damages.

Fortunately, the attorneys at Whitcomb, Selinsky, PC are particularly skilled at helping individuals to respond to these types of cases. Our attorneys are often able to create strong plans to protect and enforce an identity that fits a healthcare company’s demands. Contact our office today by calling (303) 534-1958 or you can even complete our online form.


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