In the current world, the healthcare sector is so competitive and therefore requires that a medical practice develop a good brand image.

 

Indeed, one of the best ways of protecting that identity is through the acquisition of a trademark. Registered trademark enables the protection of the practice’s name and logo among other branding features against being used by other people. 

Trademarking is important to a medical practice since it prevents competitors from copying a practice’s name, logo, and slogans; it also helps to build patients’ trust and enables a practice to control its IP.

This process is not just a formality in practice but is a step that will improve the position of the practice in the market and its reputation in the long run.

What is a Trademark and Why Is It Important for Medical Practices?

A trademark is a legal instrument that provides protection to such symbols, words, or phrases that are used to distinguish the business and its goods and services from those of competitors.

Trademarks can include the name of the medical practice, the logo, the slogan, and any other graphic marks, which means no other business is allowed to use these marks.

Trademarks are very important in the protection of the name, logo, and slogan of the medical practice. By registering a trademark, the practice gets sole propriety of these elements; hence competitors or other entities cannot use similar branding that might deceive patients.

This protection assists in safeguarding the image and credibility of the medical practice so that it can establish a reputable brand in the market.

In the healthcare sector, brand image is a key factor that helps to gain and maintain people’s trust. A unique brand is an advantage that makes a medical practice stand out from other competitors and makes patients trust you.

In an industry such as health care, where consumers are dependent on the service provider, a unique and trademarked brand name reduces the risk of patients being served by a one-time quack practitioner and ensures that the consumer receives a standardized level of service.

How to Get a Trademark for a Medical Practice

Obtaining a trademark for your medical practice is a vital step in protecting your brand and ensuring that your practice stands out in a competitive healthcare market. 

A trademark safeguards your practice’s name, logo, and other key branding elements, giving you exclusive rights to use them. Here’s a step-by-step guide on how to secure a trademark for your medical practice.

Trademark Search

A trademark search is very important to be done before filing for a trademark since it will help one to determine whether the name, logo, or slogan that one wants to protect is already being used by someone else.

This step will save you from legal troubles and possible rebranding should your desired trademark be deemed to be an infringement on another person’s intellectual property.

The USPTO offers an online tool known as the Trademark Electronic Search System or TESS through which businesses can search for trademarks. 

Such search should not be limited to the trademark that is an exact match to the trademark in question but also those that may be very similar to the trademark in question.

Filing the Application

After you have established that the trademark you want to register is open, the next thing to do is to apply to the USPTO. The application requires you to provide specific details, including: 

• The trademark that you want to register, is the name or logo you wish to trademark.

• The business type under which your medical practice falls (For instance, health care services).

• A clear description of the manner in which the trademark is to be utilized in relation to the practice.

• The clear representation of the trademark, for example, a logo file of the trademark. You will also have to decide whether you want to file for a ‘use in commerce’ or ‘intent to use’ application.

The former is for trademarks that have been used while the latter is for marks that one intends to use in the future.

Examination Process

Upon filing the USPTO trademark application, it will be forwarded to a USPTO examining attorney to examine it with a view to determining whether it complies with federal trademark laws.

This review entails a search for conflict with other trademarks and evaluating whether the trademark meets the registration standards.

If there are any problems, the attorney may give a communication which is an office action that informs the applicant of the particular problem with the application.

Publication for Opposition

After the examination of the application by the trademark attorney, the trademark will be published in the Official Gazette which is open to the public.

This publication provides third parties with the chance to oppose the registration if they think that their existing trademark rights will be affected. Trademark enters the next stage after the opposition period of 30 days has elapsed without any opposition being filed.

In the case of opposition, there may be a legal action that would follow the disagreement. Each party gets an opportunity to argue and the final decision lies in the Trademark Trial and Appeal Board.

Trademark Registration

After the end of the opposition period without any opposition (or if the opposition is settled in your favor), then the trademark is officially registered and you are issued with a Certificate of Registration by the USPTO.

Hence, to retain your trademark, it is necessary to submit maintenance documents and pay renewal fees that are usually due after the 5th and the 10th years from registration and every 10 years subsequently.

If this is not done, then one stands the risk of losing the trademark protection that had been granted. It is important to maintain the trademark because of changes in the branding of the practice or the services offered.

Common Mistakes to Avoid in the Trademark Process

When applying for a trademark, it’s easy to overlook key steps that can jeopardize your chances of securing protection.  Avoiding common mistakes during the process is essential to ensuring your medical practice’s name, logo, and branding are fully protected. Here are some of the most frequent errors to watch out for.

Lack of a Proper Trademark Search

The first and perhaps the most severe mistake is the lack of proper trademark search or the insufficient amount of time spent on it. 

Inadequate search of existing trademarks often results in legal complications and your medical practice may have to change the trademark since it belongs to someone else.

Always search through the USPTO database and it may be wise to hire a trademark attorney especially when searching for a complex mark.

Choosing a Name that is Generic or Descriptive and Not Easy to Patent

Selecting a name that is too generic or descriptive such as General Medical Clinic can be a problem when it comes to trademarking since such names do not present distinctiveness.

The name should be unique and easily memorable so that it can easily be trademarked in the healthcare industry.

Failure to Renew or Exercise the Trademark

However, trademarks need to be maintained to remain in force; therefore, once you register your trademark, you periodically renew it.

Further, lack of supervision or defense of your trademark means that someone else may take advantage of the situation and use your trademark thus reducing its exclusivity and strength.

Neglecting the Possibility of Opposition from Other Stakeholders

Nevertheless, third parties can challenge your trademark during the opposition period even after gaining approval from the USPTO. 

This opposition process can be quite destructive if ignored or underestimated since it may lead to legal cases or the abandonment of trademark protection.

Expect that there are issues that may come up after the publication of your trademark in the Official Gazette.

How to Protect and Enforce Your Trademark in Medical Industry

Securing a trademark is only the first step in protecting your medical practice’s brand. To ensure lasting protection, you must actively monitor, enforce, and maintain your trademark.

Here’s a guide on how to safeguard your trademark rights and take action against potential infringements.

 Supervise the Use of Your Trademark

In order to safeguard your trademark, you should constantly search for its usage both on the World Wide Web and within your industry. 

Search engines like Google, and other trademark monitoring services will assist you in locating individuals who have used your practice’s name or logo without permission.

Also, it is recommended to check the USPTO database and read specialized publications to make sure that no one violates your trademark.

Report Cases of Infringement

If you find out that somebody is using your trademarked product without your knowledge, you can sue him. 

The first step is typically to send a cease and desist letter to the infringer informing him or her of your trademark rights and ordering him or her to refrain from using the mark.

In case the matter is not settled, then legal action can be taken under the trademark infringement act where one is awarded damages and an order to stop the use of the brand is granted.

Keep Your Trademark Up-to-Date

In the course of your medical practice, there may be changes in the branding. This means that your trademark should always be in harmony with any change whether it is a change in logo, change in slogan, or even a reorganization of the business. 

However, you are required to submit some maintenance documents and also to renew your trademark from time to time to the USPTO for it to remain active. 

If you have any questions about obtaining a trademark for your medical practice, please call 773-234-1139 and schedule your free consultation. At DrishtiLaw, our experienced attorneys can guide you through the trademark process and help ensure that your brand is fully protected under state and federal laws.