A recent appeal of a trademark application refusal shows the importance of filing proper specimens of use.
The matter, In Re Sciton, Inc., was an appeal filed by the owner of two applications to register the mark SCITON (in standard characters and composite design mark form) for various medical services related to cosmetic skin
A recent trademark opposition decision shows that protecting your nutritional supplement trademark is good for overall brand health.
In Tom Miles v. Five Star Gourmet Foods, Inc., the Applicant (Five Star) sought to register the mark ENERGY2GO for fresh and packaged meals and snacks consisting primarily of vegetables, fruits, meats, cheese, and grains in International
A recent trademark opposition case shows that a trademark disclaimer can make a difference.
In Foundation Medicine, Inc. v. Alfred F. Czap, the Applicant sought registration of the trademark FOUNDATIONAL MEDICINE REVIEW for journals in the field of medicine. Foundation Medicine, Inc. opposed the application. In doing so, it relied on two prior registrations of
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
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.
A pharmaceutical company named after the Lupine flower was successful in a recent trademark opposition before the U.S. Trademark Trial and Appeal Board.
Background. In Lupin Pharmaceuticals, Inc. v. Ampel, LLC, the Applicant had filed for registration of the mark LuPPiN (in stylized characters) for education services and support groups pertaining to medical
A recent trademark opposition dispute has been decided between home healthcare competitors. This is another in a series of recent proceedings.
Background. In Right at Home LLC v. Love Right Home Care LLC, the Applicant, Love Right, sought registration of the mark LOVE RIGHT HOME CARE REFERRAL AGENCY. It disclaimed the exclusive right to “home
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.
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
This is part of a continuing series on health trademark compliance and training. This installment reviews trademark basics and clearance considerations.
Many healthcare systems and providers still lack a basic understanding of how health trademarks are cleared, approved, and registered. The root cause if often the failure of employee education and compliance training. When health