When it comes to Intellectual Property in the Healthcare Industry, it’s usually patent disputes that get most of the attention. However, 2014 brought some interesting stories about trademarks in the industry, as well. Here are a couple of examples:
• “TakeTen” Adventist Health System of the West originally applied for registration of its “TakeTen” trademark for use with a 10-day residential health improvement program at its in-patient facility. The trademark office refused to register the mark, citing similarity to Washington’s ILSI Center for Health Promotions’ “Take 10!” mark, which is used for promotional materials advocating 10 minutes of fitness activity daily. The U.S. Court of Appeals for the Federal Circuit, however, said the Appeal Board’s refusal was not supported by the evidence, given the dissimilarities between the goods and services.
• “Nervup” Abbott Healthcare Pvt Ltd. of Mumbai was in a dispute with an Indian pharmaceutical company, Jayaar Remedies over the “Nervup” trademark. Jayaar Remedies used the mark since 1986. Abbott Healthcare agreed to settle the dispute by paying Jayaar for the mark. Abbott plans to use the mark in connection with a drug aimed at the prevention of neural tube defect and vitamin deficiency.