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Healthcare Newsletter

Protecting your practice name

June 14, 2012

Question:

Jennifer,

I've spent time developing my practice name and with my marketing.  What else should I do to protect my name?

Sincerely,
Dr. D

Answer:

It sounds as though you have spent time building a brand for your practice and marketing, but what you have not been spending time doing (potentially) is protecting your brand.  A key way to protect your brand is to trademark your practice name and/or logo to ensure that your name and brand will continue to be one of a kind.  Without staking your claim, you are leaving the door open for competitors to capitalize off of your name by also marketing themselves the same or in a similar manner as you currently are marketing.  While you may have a claim for protection based on common law by your usage of your name and branding, the most concrete way to have standing to protect yourself is by taking that extra step and trademarking your brand.  Doing so is a minimal expense for most practices; the filing fees are around $325 and the process (typically) takes only a few hours of attorney time.

 

Copyright © 2012 by Kirschenbaum & Kirschenbaum PC.

All Rights Reserved. This email is provided for news and information purposes only and does not constitute legal advice or an invitation to an attorney-client relationship. While every effort has been made to ensure the accuracy of the information contained herein, Kirschenbaum & Kirschenbaum PC does not guarantee such accuracy and cannot be held liable for any errors in, any reliance upon this, or losses caused by the information. Under New York's Code of Professional Responsibility, this material may constitute attorney advertising. Prior results do not guarantee a similar outcome.


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