On Tuesday, the Federal Circuit overturned a U.S. Patent and Trademark decision holding that a hospital’s trademark for a residential, health improvement program can co-exist with a mark used for a research foundation’s fitness program. In the precedential option, the court held that the mark TAKETEN, used by St. Helena Hospital for a 10-day preventative medicine program, was not likely to cause confusion with TAKE 10!, an initiative encouraging schools to provide physical activity programs, sponsored by the International Life Sciences Institute Research Foundation.
