Government Contracts Legal Blog

Protecting Your Healthcare Trademark

Posted by Brandon Selinsky on Apr 23, 2017 1:19:42 PM
Brandon Selinsky

Due to a growing need for medical care, the healthcare industryHealtcare trademark is one of the most rapidly expanding areas of business in the United States. As old companies try to maintain a secure healthcare trademark in the industry, newer healthcare companies are able to create a point of identification for consumers.

If you are interested in protected a trademark in the healthcare industry, there are some recommended steps that you should follow.

Unique Problems for a Healthcare Trademark

One of the most significant problems in selecting a trademark in the healthcare industry is the level of distinctiveness in trademarks. One of the lowest categories of marks are 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 Creating A Healthcare Trademark

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 business 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.

Reasons to Contact a Healthcare Trademark Attorney

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

Fortunately, the attorneys at Whitcomb, Selinsky, McAuliffe, 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 contact our attorneys.

Get Your  Trademark Evaluated

Topics: Trademark Law

Government Contracting is not for the uninformed

Tune in here for the latest in legal news surrounding government contracting

Whitcomb Law, PC is dedicated to helping government contractors extract all the benefits that can be derived from doing business with federal, state, and local governments.  We strive to provide content on this blog that is up-to-date, relevant, and easy to read.  We enjoy reading your feedback especially when it helps us improve the way in which we serve you.

Our sources of information include

  • Recent rulings by the Court of Federal Claims
  • FAR Council
  • SBA rule makers
  • Center for Verification and Eligibility
  • News media
  • Our Clients

Subscribe to Our Legal Blog

Recent Posts