This week we are discussing ways you can use a third party’s mark to identify the third party’s goods or services while also advertising your own. For example, a dental office wants to let potential patients know that it uses a specific brand of dental veneers. The law allows XYZ Dental to factually state:

“XYZ Dental specializes in the fitting and application of ABC® brand veneers.”

This type of use is known as nominative fair use and as with comparative advertising and descriptive fair use, there are rules that need to be followed.
Continue Reading Branding 101: Nominative Fair Use

Selecting a strong trademark is the key to being able to protect the trademark. As we discussed last week, the first and central step in branding is selecting your trademarks, which will serve to promote your reputation and help your company stand out among your competition. However, when choosing a name for a product or service, the inherent strength of mark should be considered as this will affect many things going forward from the cost of a search to your ability to stop others from using similar names.
Continue Reading Healthcare Branding 101 – Selection of a Strong Trademark

“Branding” is one of the most popular buzz words in the advertising and marketing arena. But what does it mean to have a “brand” and what is needed to create and maintain your “brand”? Is it really important for a small physician’s office or local hospital? The short answer is yes – branding is important, even for small providers.
Continue Reading Branding 101 for Healthcare Providers: A Refresher