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 a fictitious health brand ecosystem:

  • Driver Brands:  Anchor University Hospital – part of True Health
  • Strategic Brands: Anchor Medical Group
  • Endorser Role: True Health
  • Silver Bullet:  Anchor Burn Care
  • Sub Brands:  Anchor Health Plan;  Anchor Visiting Nurses

Types of brand architecture.

  • Branded House.  The main, driver brand that drives other brand business units.  An example is Virgin and Virgin Mobile.
  • Hybrid Brands.   Both the main (endorser) brand and the sub brand play a driver role.  An example is Marriott, which has Residence Inn (by Marriott) and Courtyard (by Marriott).
  • House of Brands.   A house of brands is where there is an umbrella brand that owns several subordinate, individual brands.  An example is Unilever and all of its various consumer brands.

No matter what brand architecture is selected, it is advisable for health care systems and providers to take the following steps as an integral part of its naming taxonomy.

Trademark clearance.   For all names, slogans, and logos that will be used, a full trademark search should be conducted.  A proper search includes a search of the USPTO records as well as common law, unregistered third-party uses.  Why?  Because under U.S. law, trademark rights vest at use, not registration.  Therefore, a competitor could sue you for trademark infringement based on a federal registration or its own unregistered trademark use.

Apply for registration.   A determination should be made whether the trademarks to be adopted or used constitute protectable trademark matter.  If a qualified trademark attorney determines this is the case and that the search revealed no problematic third-party trademarks, then a federal trademark application should be prepared and filed.   Note that U.S. applications may be based on either existing use or a bona-fide intention to use in situations where the trademark and associated goods or services are still in development. 

Develop Brand Usage Guidelines.   Proper brand usage guidelines serve two purposes:  brand uniformity and legal protection and compliance.   Both are equally important to the well-being of a healthcare brand.

Editor’s Note:  To discuss brand clearance and protection for your health care brands, you may contact James Hastings at Collen.

A recent article by Healthcare Dive reports that nearly 90% of companies pay employees to participate in wellness programs.  This is a good thing.  Yet when it comes to ensuring their own brand protection health, most health brands and providers ignore their own advice.

Consider these legal health marketing scenarios:

Trademarks.  For every new health brand name or slogan that is adopted, chances are that most have not been properly cleared by a trademark attorney.   This is despite the fact that services rendered under the new trademark will in all likelihood earn millions of dollars of revenue for a provider and have six figure marketing budgets.  So how valuable is a healthcare name?  Certainly more than the few thousand dollars it will cost to properly search, clear, and apply to register the newly adopted trademark.

Copyright.  Marketing agencies produce millions of dollars in digital and print collateral for healthcare systems and providers annually.  Yet for many health brand owners, there is no legal compliance process in place to make sure that all creative materials comply with U.S. copyright laws and do not infringe the rights of third-parties.  And few have any system in place to catalog and protect all proprietary copyrightable subject matter and marketing materials on behalf of healthcare clients.

Social media.  The use of social media to promote patient testimonials and population health initiatives is increasing. With this growing trend is a heightened legal risk to health providers.  The social media marketing and promotional efforts of health providers must adhere to HIPAA Marketing Compliance and privacy rules as well as other federal laws applicable to truthful marketing and advertising.

As healthcare marketers continue to increase their spending on advertising, the associated legal risks of such activities continue to rise.  This is why it is vital for both healthcare providers and agencies to implement proactive legal wellness programs to prevent damage to their valuable brands and goodwill.