The trademark protection of health brands is often overlooked by health providers and marketers of health and wellness solutions. Trademarks are any name, slogan, or symbol used to distinguish the goods or services of a company.   In the health products and services sectors, trademarks are searched, approved, and registered for a wide-variety of products and services, including:

Healthcare

  • Hospitals
  • Health Systems
  • Urgent Care Clinics
  • Digital Health Apps
  • Physician Networks
  • Medical supplies
  • Pharmacies
  • Counseling
  • Chiropractors
  • Alternative health
  • Health Financing
  • Health Insurance
  • Long Term Care
  • Home Care

Health And Wellness Products

  • Vitamins and supplements
  • Food and Beverages
  • Personal Care
  • Beauty
  • Aromatherapy
  • Books and publications
  • Athletic Wear and Apparel
  • Athletic Equipment
  • Fitness Centers
  • Spiritual wellness
  • Travel
  • Occupational wellness, including ergonomic solutions
  • Environmental wellness
  • Home appliances

In each of the above examples, trademarks play a vital role in ensuring the company’s own health and well-being.  Trademark clearance and registration of health brands is the first step when considering the launch of new products or services.   Here’s why:

Brand name protection.  Each year, health providers invest millions of dollars into the development and promotion of their brands.  Quite often, brand owners fail to properly secure and register its trademarks.  The result is that in certain cases, the selected trademark could be susceptible to possible infringement or dilution by competitors.  When this happens, not only does the value of the brand diminish, but legal expenses increase due to the necessity to enforce the company’s trademark rights.

Business Risk and Infringement.  Trademark infringement occurs when a trademark of a junior user is confusingly similar to that of a senior user for the same or highly related goods or services.   Claims of trademark infringement can often be avoided through a proper trademark search and registration process.

Business Disruption.   When a company is accused of trademark infringement, one of the unfortunate results is that it may be forced to cease use of the allegedly infringing name.  In the healthcare field, this may also include the necessity of destroying product or service lines that feature the name.  Examples may include on-site signage, printed marketing and promotional materials, and employee-facing training materials.

Recommendations:   If your company does not have a trademark clearance and registration process in place it is not too late to start.   For further information about trademark protection of health brands, feel free to contact the author.