1. Prevent Internal Misuse An initial step to ensuring third parties and consumers recognize a medi

1. Prevent Internal Misuse
An initial step to ensuring third parties and consumers recognize a medical device company’s trademark rights is to make certain that the company uses its own trademarks properly. First, a company needs to ensure all employees, in all departments of the company, understand how a trademark should be used in connection with the products covered by that particular trademark. Examples of proper trademark use include: (1) always using a trademark as an adjective and never as a noun or verb; (2) using a mark consistently; and (3) always properly identifying the mark with the appropriate trademark symbol.

A trademark should be used as an adjective, and should never be used as a plural or in the possessive form. For example, Johnson & Johnson’s trademarked Cypher stent should be referred to as, “The hospital would like to order 20 Cypher stents,” and not as, “The hospital would like to order twenty Cyphers.” Additionally, if a company uses a specific style such as all capital letters or a specific font or color when representing its trademark, employees should note the specific style to ensure it is always used consistently. Another important aspect of proper trademark use is identifying the mark with the “TM” symbol for unregistered trademarks and the ® for registered trademarks when used in connection with the company’s products covered by that mark. Medical device companies should develop Trademark Use Policies requiring that all employees adhere to these guidelines when using the company’s trademarks in marketing, sales, and other contact with consumers.

Additionally, employees that work in sales and marketing should be encouraged to police company trademarks they encounter in the marketplace. These employees often are at the front lines not only for ensuring a company’s mark is being properly used, but for also identifying potential infringing acts by competitors. Medical device companies should educate employees who are attending trade shows, reviewing industry publications, and interacting with competitors, and encourage all employees to report any potential misuse or trademark infringement.

Companies also should actively review all collateral materials, such as advertising, press releases, labels, product packaging and other consumer communications before public release and anytime a new trademark is introduced or changes are made. These steps will help companies protect against internal trademark misuse and maintain strong trademarks.