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James Hastings is an attorney with the U.S. Trademark Trial and Appeal Board practice group of Collen, a leading U.S. intellectual property law firm.

Hospital marketing lawsuits can often be avoided.  But many hospitals do not have adequate brand and marketing risk management because they think they either don’t need it or cannot afford it.  Not having proper risk prevention training and policies can be costly to you and your health care organization.

Here are some recent cases where

The name ALLERGY CARE was recently found to be a generic trademark and refused registration by the U.S. Patent and Trademark Office.

The applicant, James Haden M.D, sought registration of ALLERGY CARE on the Supplemental Register for “medical and healthcare services, namely medical treatment of allergies, asthma, immune disorders, and shortness of breath” in International

Leveraging your healthcare branding was the topic of a recent health marketing presentation in Nashville, Tennessee.  The speakers were Janell Moerer, SVP & CMO Centura Health; Kristen Wevers, SVP & CMO UC Health; Philip Guillano of Brand Active; and David Perry, Perry IQ.

Here are some great observations from the panel:

Why healthcare branding matters.

Hospital brand ambassador programs are growing popularity.   This was the subject of a compelling presentation by Kristen Bowser, Director of Communications and Kelly Kavanaugh, VP and Chief Strategy Officer of Dayton Children’s Hospital.

The presentation covered the following areas:

  •  how to implement a brand ambassador’s program
  •  leverage a team of employees to implement and communicate

The U.S. Department of Health and Human Services (HHS) has a helpful guide for its employees on trademark clearance and protection.  It provides useful guidance to public sector healthcare concerns and well as private healthcare systems and providers.

The HHS Guide discusses four important areas and benefits of trademark protection:

What is a trademark. 

The U.S. Trademark Trial and Appeal Board recently cancelled a fitness trademark registration based on abandonment.   This case serves as a reminder of the importance of proper health trademark use.

In Rise Above Fitness LLC v. Rise Above Performance Training, the Petitioner brought a cancellation action on the grounds of abandonment, fraud, and likelihood of

Two dental practices were the parties to a recent trademark opposition proceeding.

Background.  In Timber Dental LLC v. Tooth LLC, the Applicant “Tooth” filed a trademark application for DENTISTRY DONE DIFFERENTLY for dentist services in International Class 44.   The Applicant had to disclaim the term “”dentistry” separate and apart from the mark as shown. 

A trademark infringement case was filed this week that involves a dispute between two home healthcare agencies.

The case, Acaria Inc. v. Acaria Home Health LLC, et al., is currently pending in federal district court in Colorado.  The plaintiff, Acaria, Inc., doing business as Acaria Homecare, is a home care agency located in Lakewood, Colorado.