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The medical and healthcare industries are rapidly growing, and so is the competition. Whether you own a dermatology practice, pharmaceutical company, acupuncture studio, urgent care facility, or dental clinic, it is crucial to stand out in order to be successful. Once you find the catchphrase, logo, or symbol that defines your brand's uniqueness, it is essential that you take every necessary measure to protect it by registering your trademark.
Your brand is your company’s most valuable asset, and it is how clients, consumers, and patients know that they can trust the quality of the products or services you provide. The Trademark Lawyer Law Firm, PLLC works with business owners in the medical field and healthcare industry in class 44 trademarks and beyond to help ensure that their brands are safeguarded from competitors who could potentially misuse their ideas — and harm their bottom lines.
When someone chooses to purchase a particular wellness product, have a specific plastic surgery procedure done, or use a certain home healthcare service, their decision may be primarily driven by branding. Importantly, trademarks in the medical and healthcare industries represent so much more than the product or service itself — they embody your company’s reputation, mission, and the quality care you provide.
Registering your trademark with the United States Patent and Trademark Office is the best strategy for protecting your brand. Your trademark can be a medical procedure or device name, the name of your practice, a slogan representing your services, the design on your product’s packing, or any logo, symbol, or phrase that encompasses your company’s core tenets.
Our skilled attorneys assist healthcare and medical industry clients with federal trademark registration covering a broad spectrum of categories, including the following:
Working daily with businesses in the medical and healthcare industries, our attorneys have the proficiency and knowledge necessary to advise our clients at every step of the trademark application and registration process. We also have decades of combined experience conducting medical trademark searches and providing strategic guidance to help clients avoid any issues that could result in lengthy and costly litigation.
After investing so much time, capital, and effort into building your medical or healthcare company, it is vital that you shield the marks that represent your brand from unauthorized use. However, it is just as important to make sure that no other entity is already using the mark. As part of our trademark registration services, we first conduct a comprehensive trademark clearance search. If the results reveal that there is a similar mark already in use, our attorneys will advise you of any risks associated with registration and assist with developing a plan to meet your objectives.
A significant part of filing a healthcare or medical trademark application is selecting the correct trademark class, which can often be complex. While the marks for many medical and healthcare services may be classified as USPTO Class 44 trademarks, there are several other categories under which medical industry trademarks might fall. For instance, medical devices are generally classified under Class 10, pharmaceuticals are assigned to Class 5, and science and technology services are categorized under Class 42. Choosing the appropriate class designation is paramount to ensuring your application is processed efficiently — and your brand is shielded from infringers.
In addition to preparing and filing trademark registration applications with the USPTO, our attorneys assist owners of medical and healthcare businesses with office action responses, drafting cease and desist letters, trademark monitoring, and renewals. We also provide effective representation for trademark litigation in state and federal court, and for matters heard by the Trademark Trial and Appeals Board.
With a deep understanding of medical and healthcare branding, our attorneys have critical insight concerning the challenges business owners in these industries can face when registering and defending their trademarks. We are committed to helping you overcome the hurdles that can arise when it comes to protecting the brand you worked so hard to develop.
The reputation of your medical or healthcare company rests on the reliability of your brand. Based in Ann Arbor, Michigan, the Trademark Lawyer Law Firm, PLLC works with business owners in the medical and healthcare industries nationwide to help ensure their brands are safeguarded from wrongdoers. With a notable track record of over 6,500 trademarks successfully registered with the USPTO, we are dedicated to providing our clients with exceptional legal services at reasonable rates. Contact us for a complimentary initial consultation today.
Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights.
A good example of this is disclaiming “café” if your services are for a café.
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry.
In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
Two dates must be specified in a trademark application:
Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade.
Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.
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