Collen IP

The role of health marcom compliance continues to grow in importance in 2019. The American Marketing Association defines Marcom (or Marketing Communications) as follows: Marketing communications, or “marcom,” is an all-encompassing term, as it covers marketing practices and tactics including advertising, branding, graphic design, promotion, publicity, public relations and more. A trend fueling the rising interest in health legal compliance and training?  The risk of lawsuits. Health Marketing Lawsuits.   Lawsuits involving the offering…
Before filing a trademark opposition, be sure to assess whether you will be likely to prevail. By doing so, you can potentially save thousands of dollars in attorney’s fees and avoid subjecting your brand to unnecessary risks. The determination of whether to file a trademark opposition to contest a third-party’s trademark application is not always simple. Before filing a notice of opposition, the potential Opposer should take into account the following considerations: Causes of Action. …
In a trademark opposition proceeding, a party alleging a likelihood of confusion pursuant to Section 2(d) of the Trademark Act is required to establish specific elements of proof.  If you are a potential opposer, you will have the burden of proving the following evidentiary factors by a preponderance of the evidence: Standing.  Standing is a threshold issue that must be determined in every trademark opposition or trademark cancellation before the U.S. Trademark Trial and Appeal…
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 a fictitious health brand ecosystem: Driver Brands:  Anchor University Hospital – part of True Health Strategic Brands: Anchor Medical Group…
The Trademark Trial and Appeal Board recently released its TTAB filing statistics for fiscal year 2018.   These updated figures include year-to-year changes in the filing of appeals, notices of oppositions, and petitions for cancellations.  It also provides useful information on the disposition of cases. Highlights include the following:  (percentage in parentheses signifies change over 2017) I.   Filings Appeals: 3,223; (+2%) Extensions of time to oppose: 19,208;  (+3.9%) Oppositions: 6,496 (+5.5%) Cancellations: 2,253 (+7.2%) II.   Contested…
The SHSMD annual conference continues with a great health brand communications presentation by Joel English, Managing Partner of BVK.  Joel succinctly shared the most important thing that every health marketer should know: The valuation of a healthcare system’s brand is the highest asset on its balance sheet. Here are some things to remember in protecting the integrity of your healthcare brand: Health brands are goodwill.  Your health brand is an intangible asset. In the healthcare…
SHSMD 2018 continues with David Marlowe, CEO of Strategic Marketing Concepts, who provided an excellent presentation entitled Healthcare Marketing Plans That Work. As a former President of SHSMD and health marketing expert and author, he provides practical insight. According to David, a good health marketing plan should include the following elements: Executive Summary.   This is an overview of strategic plan priorities and goals. Market Audit.   These are the key factors that influence the marketing…
SHSMD 2018 is now under way in Seattle, Washington. The Society for Healthcare Strategy & Market Development (SHSMD),  is a professional membership group of the American Hospital Association.   The annual conference brings together health marketing and strategic leaders from healthcare systems, providers, and consulting companies nationwide. This morning’s Healthcare Marketing Credentials session features faculty member Rob Klein of Klein & Partners.  Rob’s company provides health marketing research and customer insight to help his clients make…
A trademark opposition may be commenced based on a likelihood of confusion with a prior registered mark.   The statutory basis for a likelihood confusion cause of action may be found in Section 2(d) of the Trademark Act. To prevail on a Section 2(d) claim, the Opposer must prove by a preponderance of the evidence the following: Standing.  Standing to bring or maintain an action consists of two elements.  First is that the Opposer has…
A trademark opposition may be filed based on one of several grounds.   This includes that the mark is merely descriptive and should be refused registration pursuant to Section 2(e)(1) of the Trademark Act. A trademark is assessed on a continuum of legal strength.  The strongest trademarks (and thus most eligible for trademark protection) are arbitrary or fanciful.  This is usually a coined-term that has no relation to the goods or services.  Suggestive trademarks are next;…