We have discussed the need to use your trademarks as adjectives and not nouns or verbs to avoid having them becoming descriptive or even generic terms. A good quick test to see if you are using the mark correctly is to remove the mark from the sentence and see if it still makes sense. If you still have a functional sentence, you are using the mark correctly. So, “Buy XYZ surgical equipment, it will make your day easier” still makes sense without the mark: “Buy surgical equipment, it will make your day easier.” However “Buy XYZ, it will make your day easier” makes no sense without the mark: “Buy, it will make your day easier.”

A trademark audit is at its most basic an asset inventory. But instead of tracking down and counting blood pressure monitors, otoscopes and scalpels you are tracking down words, phrases and pictures (logos) that you are using to promote your business to the public. And instead of checking and noting the condition of physical items and culling out those that are beyond repair or use, your trademark auditor will be determining what words, phrases and pictures (logos) you are using as trademarks and whether you are using these marks properly. It may also find that you are using marks that no longer conform to your desired public image or mission statement and that need to be retired.

On April 27, 2016, the Department of Health & Human Services Centers for Medicare & Medicaid Services (CMS) released its proposed rule regarding models for tying professional reimbursement to quality. While this may be great news for providers who enjoy the challenges of tracking and reporting data, these challenges are going to cause problems (namely, reimbursement reductions) for some providers. Regardless of whether providers think this is good or bad, providers should start looking at the proposed regulations now because, as proposed, quality-based payments will be a fact of life for all physicians, mid-levels, CRNAs and groups effective Jan. 1, 2019. The regulations will be published in the May 9, 2016, Federal Register. The comment period will officially start at that time and run through 5 p.m. on June 27, 2016.

A trademark is an adjective. It is not a noun or a verb. Why?  Because, a trademark’s purpose is to identify the source or origin of a product, NOT to identify the product itself. You have gone to great lengths to find a mark that is not descriptive of your product, and we have discussed that generic marks can never be a trademark, so you do not now want to use your mark in such a way that you cause to become descriptive or generic.

In some courts in the United States today, a government contractor or a healthcare provider seeking reimbursement from a federal program can violate the False Claims Act even when its work is satisfactory and its invoices are correct. Under the theory of “implied certification,” a minor instance of non-compliance with one of the thousands of applicable statutes, regulations, and contract provisions can be the basis for a federal investigation, years of litigation, as well as fines, penalties, suspension and debarment, even imprisonment of company personnel.

The mark has been chosen, the trademark search was clear, and it has been decided that the mark should be registered. The next step in the process is straightforward – file an intent to use (ITU) trademark application.

It is not necessary or recommended to wait until the mark has been used to file the application. An application can be filed based on your bone fide intent to use the mark in the future. However, the application will not register until after use begins. Once use begins, a separate statement is filed claiming this use. This statement can be filed prior to approval for publication of the mark, or after issuance of a notice of allowance. There is a blackout period, between approval for publication and issuance of the notice of allowance during which a use statement cannot be filed. If the use statement is filed prior to publication, the application will proceed to registration once the publication period is complete (if no opposition was filed).

A new ordinance went into effect April 4, 2016, which prohibits many employers in Austin from asking job applicants about their criminal histories until they’re well into the hiring process. The Fair Chance Hiring Ordinance, colloquially known as the “Ban the Box” measure, will forbid most employers from considering an applicant’s criminal record until after making a conditional offer of employment. Thus, Austin employers must evaluate whether the ordinance will affect their operations and, if so, what steps they need to take to alter their hiring processes and related guidelines.

Once you have selected a trademark and it has been cleared for use, you can simply start using the mark. This will give you common law trademark rights. However, you should consider filing an application to register the mark with the United States Patent and Trademark Office (USPTO). There are a few questions that might come to mind when this recommendation is made: 1. Why should I register my trademarks? 2. Which of my trademarks should I register? And 3. When should I register my trademarks?

Based on recent news stories and our experience, it appears that cybercriminals may be targeting healthcare providers with ransomware attacks. Publicly reported incidents and others of which we are aware have involved providers ranging from clinics and imaging centers to hospitals, and these entities have had to pay hundreds to thousands of dollars to gain access to their medical records, billing records or other vital computer systems – often after significant interruption of operations. On March 31, 2016, the U.S. Dept. of Homeland Security issued an alert about these attacks as a result of recent attacks on businesses including healthcare facilities and hospitals worldwide.