The name of your dermatology practice is your brand identity that your patients see when they come to your office and that they tell their friends and family about when recommending your services. Your brand, and your reputation associated with it, is essential to building a thriving medical practice. But if you have not protected your practice name with a federal trademark registration, your entire brand identity could be at risk.
Let’s explore the top 4 things that dermatologists need to be mindful of when approaching the trademark filing process.
1. Business incorporation does not equal trademark registration. Many dermatologists believe that the process of incorporating your dermatology practice affords you some sort of trademark protection on your practice name, but this is not true. While it is the case that the state in which you are incorporating will deny your incorporation request for “Atlantic Dermatology Associates, Inc.” if another dermatology practice in your state is already incorporated using the same exact name, it does not mean that you are the sole owner of that name within the dermatology industry—it just prevents another business in your state from incorporating with your identical name. A business with an extremely similar name like “Atlantic Dermatology Associates, LLC” could incorporate without issue in your state, and businesses across the state line and across the nation could incorporate using the same exact name as your dermatology practice.
To obtain the greatest level of protection for your dermatology practice, it is important that you understand that the processes of incorporating your business and securing a trademark for practice name are completely separate. The only way to gain trademark protection for your practice name is by applying for and receiving a federal trademark.
2. Professional trademark searches yield meaningful results. To ensure that no other dermatologist has attempted to register the same or a similar name—which could lead to the denial of your trademark application and/or receiving a cease and desist letter down the road—it is important that you complete a trademark search before you file a trademark application. And while you may be tempted to ask your office manager or another staff member to do a quick search on the United States Patent and Trademark Office website for the name(s) in question and consider it done, this is a situation where hiring a professional is a good investment. An experienced trademark attorney not only can help you avoid many of the common trademark search and filing issues that are tricky, but they also have access to more sophisticated, professional-grade software that allows them to perform more comprehensive trademark searches.
3. If budget is an issue, trademark your name first, logo second. Some dermatology practices, in an attempt to save money, make the mistake of applying for trademark protection only for their logo. What they do not realize, however, is that by registering a trademark for the logo only, they are only protecting their brand name within graphic context of their logo. If the logo were to change at any point in the future, the federal registration rights would be lost. That’s why we always recommend registering for trademark protection of your brand name first and then your logo. By registering your practice name first, you are garnering the broadest level of protection of your brand name regardless of its graphic treatment.
4. Monitor for infringement issues. After you receive a federally registered trademark for your brand name, trademark law in the United States puts the onus on you to ensure that no one else is infringing on it. If someone is infringing on your trademark and you do not enforce your trademark rights, you could actually lose some of your rights. As a dermatologist, it is up to you to keep your eye on other dermatology practices and businesses selling products and services in the dermatology industry. Minimally, enable internet alerts for your trademark name so that any new search results that include your trademark term will be sent to you to check out. But to increase your chances of identifying potential infringement issues, get in touch with the trademark attorney who helped with your trademark search and filing. Many times these attorneys also offer ongoing monitoring services that will help you keep a watch for potential trademark violations.
Protecting your brand with a trademark should be an important part of any dermatology practice’s marketing and branding strategy, and the trademark process will go more smoothly if you keep a few things in mind.
First, realize that the incorporation process and trademark process are completely separate. Then, consider hiring a professional trademark attorney to assist you with the trademark clearance and registration process. Next, ensure that you gain the broadest level of protection by registering for trademark protection on your practice name before anything else. And finally, keep an eye out for other practices or dermatology-related businesses that may be infringing on your trademark name. By following these tips, you will be on the road to continued brand success and ready to reap the rewards that trademark protection offers.
Founder of U.S. based Gerben Law Firm, PLLC, Josh Gerben is a trademark attorney whose trademark registration practice has secured over 3,500 trademarks for clients since 2008. Featured in a variety of national news outlets including FOX News, NPR and The Wall Street Journal, Josh Gerben was named one of 2016's Top 10 trademark filers in the US by World Trademark Review.
The name of your dermatology practice is your brand identity that your patients see when they come to your office and that they tell their friends and family about when recommending your services. Your brand, and your reputation associated with it, is essential to building a thriving medical practice. But if you have not protected your practice name with a federal trademark registration, your entire brand identity could be at risk.
Let’s explore the top 4 things that dermatologists need to be mindful of when approaching the trademark filing process.
1. Business incorporation does not equal trademark registration. Many dermatologists believe that the process of incorporating your dermatology practice affords you some sort of trademark protection on your practice name, but this is not true. While it is the case that the state in which you are incorporating will deny your incorporation request for “Atlantic Dermatology Associates, Inc.” if another dermatology practice in your state is already incorporated using the same exact name, it does not mean that you are the sole owner of that name within the dermatology industry—it just prevents another business in your state from incorporating with your identical name. A business with an extremely similar name like “Atlantic Dermatology Associates, LLC” could incorporate without issue in your state, and businesses across the state line and across the nation could incorporate using the same exact name as your dermatology practice.
To obtain the greatest level of protection for your dermatology practice, it is important that you understand that the processes of incorporating your business and securing a trademark for practice name are completely separate. The only way to gain trademark protection for your practice name is by applying for and receiving a federal trademark.
2. Professional trademark searches yield meaningful results. To ensure that no other dermatologist has attempted to register the same or a similar name—which could lead to the denial of your trademark application and/or receiving a cease and desist letter down the road—it is important that you complete a trademark search before you file a trademark application. And while you may be tempted to ask your office manager or another staff member to do a quick search on the United States Patent and Trademark Office website for the name(s) in question and consider it done, this is a situation where hiring a professional is a good investment. An experienced trademark attorney not only can help you avoid many of the common trademark search and filing issues that are tricky, but they also have access to more sophisticated, professional-grade software that allows them to perform more comprehensive trademark searches.
3. If budget is an issue, trademark your name first, logo second. Some dermatology practices, in an attempt to save money, make the mistake of applying for trademark protection only for their logo. What they do not realize, however, is that by registering a trademark for the logo only, they are only protecting their brand name within graphic context of their logo. If the logo were to change at any point in the future, the federal registration rights would be lost. That’s why we always recommend registering for trademark protection of your brand name first and then your logo. By registering your practice name first, you are garnering the broadest level of protection of your brand name regardless of its graphic treatment.
4. Monitor for infringement issues. After you receive a federally registered trademark for your brand name, trademark law in the United States puts the onus on you to ensure that no one else is infringing on it. If someone is infringing on your trademark and you do not enforce your trademark rights, you could actually lose some of your rights. As a dermatologist, it is up to you to keep your eye on other dermatology practices and businesses selling products and services in the dermatology industry. Minimally, enable internet alerts for your trademark name so that any new search results that include your trademark term will be sent to you to check out. But to increase your chances of identifying potential infringement issues, get in touch with the trademark attorney who helped with your trademark search and filing. Many times these attorneys also offer ongoing monitoring services that will help you keep a watch for potential trademark violations.
Protecting your brand with a trademark should be an important part of any dermatology practice’s marketing and branding strategy, and the trademark process will go more smoothly if you keep a few things in mind.
First, realize that the incorporation process and trademark process are completely separate. Then, consider hiring a professional trademark attorney to assist you with the trademark clearance and registration process. Next, ensure that you gain the broadest level of protection by registering for trademark protection on your practice name before anything else. And finally, keep an eye out for other practices or dermatology-related businesses that may be infringing on your trademark name. By following these tips, you will be on the road to continued brand success and ready to reap the rewards that trademark protection offers.
Founder of U.S. based Gerben Law Firm, PLLC, Josh Gerben is a trademark attorney whose trademark registration practice has secured over 3,500 trademarks for clients since 2008. Featured in a variety of national news outlets including FOX News, NPR and The Wall Street Journal, Josh Gerben was named one of 2016's Top 10 trademark filers in the US by World Trademark Review.
The name of your dermatology practice is your brand identity that your patients see when they come to your office and that they tell their friends and family about when recommending your services. Your brand, and your reputation associated with it, is essential to building a thriving medical practice. But if you have not protected your practice name with a federal trademark registration, your entire brand identity could be at risk.
Let’s explore the top 4 things that dermatologists need to be mindful of when approaching the trademark filing process.
1. Business incorporation does not equal trademark registration. Many dermatologists believe that the process of incorporating your dermatology practice affords you some sort of trademark protection on your practice name, but this is not true. While it is the case that the state in which you are incorporating will deny your incorporation request for “Atlantic Dermatology Associates, Inc.” if another dermatology practice in your state is already incorporated using the same exact name, it does not mean that you are the sole owner of that name within the dermatology industry—it just prevents another business in your state from incorporating with your identical name. A business with an extremely similar name like “Atlantic Dermatology Associates, LLC” could incorporate without issue in your state, and businesses across the state line and across the nation could incorporate using the same exact name as your dermatology practice.
To obtain the greatest level of protection for your dermatology practice, it is important that you understand that the processes of incorporating your business and securing a trademark for practice name are completely separate. The only way to gain trademark protection for your practice name is by applying for and receiving a federal trademark.
2. Professional trademark searches yield meaningful results. To ensure that no other dermatologist has attempted to register the same or a similar name—which could lead to the denial of your trademark application and/or receiving a cease and desist letter down the road—it is important that you complete a trademark search before you file a trademark application. And while you may be tempted to ask your office manager or another staff member to do a quick search on the United States Patent and Trademark Office website for the name(s) in question and consider it done, this is a situation where hiring a professional is a good investment. An experienced trademark attorney not only can help you avoid many of the common trademark search and filing issues that are tricky, but they also have access to more sophisticated, professional-grade software that allows them to perform more comprehensive trademark searches.
3. If budget is an issue, trademark your name first, logo second. Some dermatology practices, in an attempt to save money, make the mistake of applying for trademark protection only for their logo. What they do not realize, however, is that by registering a trademark for the logo only, they are only protecting their brand name within graphic context of their logo. If the logo were to change at any point in the future, the federal registration rights would be lost. That’s why we always recommend registering for trademark protection of your brand name first and then your logo. By registering your practice name first, you are garnering the broadest level of protection of your brand name regardless of its graphic treatment.
4. Monitor for infringement issues. After you receive a federally registered trademark for your brand name, trademark law in the United States puts the onus on you to ensure that no one else is infringing on it. If someone is infringing on your trademark and you do not enforce your trademark rights, you could actually lose some of your rights. As a dermatologist, it is up to you to keep your eye on other dermatology practices and businesses selling products and services in the dermatology industry. Minimally, enable internet alerts for your trademark name so that any new search results that include your trademark term will be sent to you to check out. But to increase your chances of identifying potential infringement issues, get in touch with the trademark attorney who helped with your trademark search and filing. Many times these attorneys also offer ongoing monitoring services that will help you keep a watch for potential trademark violations.
Protecting your brand with a trademark should be an important part of any dermatology practice’s marketing and branding strategy, and the trademark process will go more smoothly if you keep a few things in mind.
First, realize that the incorporation process and trademark process are completely separate. Then, consider hiring a professional trademark attorney to assist you with the trademark clearance and registration process. Next, ensure that you gain the broadest level of protection by registering for trademark protection on your practice name before anything else. And finally, keep an eye out for other practices or dermatology-related businesses that may be infringing on your trademark name. By following these tips, you will be on the road to continued brand success and ready to reap the rewards that trademark protection offers.
Founder of U.S. based Gerben Law Firm, PLLC, Josh Gerben is a trademark attorney whose trademark registration practice has secured over 3,500 trademarks for clients since 2008. Featured in a variety of national news outlets including FOX News, NPR and The Wall Street Journal, Josh Gerben was named one of 2016's Top 10 trademark filers in the US by World Trademark Review.
