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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.

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.   

A relatively simple health marketing mistake could be costly to your and your brand.

This past week we were looking at a couple of health marketing agencies that were touting the success of their clients’ recent marketing campaigns.  One campaign for a regional hospital caught our attention.  It is an example of great marketing that

The role of health marcom compliance continues to grow in importance in 2019.

The American Marketing Association defines Marcom (or Marketing Communications) as follows:

Marketing communications, or “marcom,” is an all-encompassing term, as it covers marketing practices and tactics including advertising, branding, graphic design, promotion, publicity, public relations and more.

A trend fueling the rising

Joel English, Managing Partner at BVK, presented further insight on health brand architecture at the SHSMD annual conference last week in Seattle.

Brand architecture defined.  Brand architecture is how all the pieces of a brand and its value promise fits together.  Healthcare brands can include many brands components.  Joel provided the following example of

The SHSMD annual conference continues with a great health brand communications presentation by Joel English, Managing Partner of BVK.  Joel succinctly shared the most important thing that every health marketer should know:

The valuation of a healthcare system’s brand is the highest asset on its balance sheet.

Here are some things to remember in protecting