On Wednesday, a notice of opposition was filed before the Trademark Trial and Appeal Board by health company ModivCare Solutions, LLC (opposer) in an attempt to block approval for trademarks filed by health company Modiv Health, LLC (applicant). ModivCare is a health organization that provides non-emergency medical transport (NEMT) and contracts with various health organizations all around the country to provide transportation for medicaid patients who need it.
ModivCare has been expanding their service and business and wanted to establish a trademark for them. In July 2020 they filed two intent to use applications with the PTO attempting to trademark MODIVHEALTH for “non-emergency medical transport services, logistics management services, and mobile apps for arranging for the non-emergency medical transportation services, as well as business management services in the field of transportation logistics; provision of patient coverage information and data concerning the destinations and transportation of patients covered by governmental health-benefit plans; certain additional delivery services featuring the delivery of medical equipment, food and drugs; and certain non-medical, personal, in-home care services.” The company also filed 4 applications for their MODIVCARE mark under the same categories listed above.
The opposer’s application was stalled due to another application submitted by the applicant to trademark MODIVMD, which applied under many of the same categories. Since the two are so similar, the board could not approve either. The opposer claims that they submitted their application first and that they have a right to the trademark over the applicant because of that and because they had been implementing the mark in their business dealing prior to the request for trademark, something that they say the applicant had not done.
The opposers claimed that the applicant had not been using their desired mark prior to the application, and requested that the board reject their request based on the fact that they both contain the prefix “MODIV”, which would be be confusing to potential clients since they are filed under the same categories and provide nearly identical services. They also stated that if the applicant were to be awarded their desired mark, it would significantly damage and injure the opposers business.
The opposer will be represented by Bass, Berry & Sims.
