Due to a growing need for medical care, the healthcare industry is one of the most rapidly expanding areas of business in the United States. As old companies try to maintain a secure healthcare trademark in the industry, newer healthcare companies are able to create a point of identification for consumers. If you are interested in protected a trademark in the healthcare industry, there are some recommended steps that you should follow.
Unique Problems for a Healthcare Trademark
One of the most significant problems in selecting a trademark in the healthcare industry is the level of distinctiveness in trademarks. One of the lowest categories of marks are descriptive trademarks, which are sometimes but not always granted in trademark filings. These marks provide information to the consumer about service or products but lack the more fanciful, arbitrary, and suggestive nature of trademark filings that are often granted as marks. Hospitals and other types of companies in the healthcare industry are often named with geographic designations, the names of famous individuals, or in the case of practices even family names. These types of titles are often grouped in the descriptive category. As a result, there is often a risk that these types of marks will not be granted if a trademark filing is made.