CDH Awareness Trademark Opposition Fund


CDH Awareness Trademark Opposition Fund

CDH Awareness Trademark Opposition Fund

 The fee was donated by Stephanie Olivarez in 2008.  Thanks to her donation and after 2 years and with the help of 5 pro bono lawyers from Parker Poe and over 6000 signatures from CDH families, medical staff and friends...

WE WON!!!!  On April 19, 2010 the US TTAB removed the trademark on "Congenital Diaphragmaitc Hernia Awareness" and it is once again to free to say and use by anyone to raise awareness of this devastating birth defect without threats of lawsuits.

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This fundraising page has been started to pay for the USPTO trademark opposition fees of $300.   This page has been started because general donations made to a charity should not be used to fight such legal battles that should not have to be fought in the first place.  CHERUBS refuses to use donations made in good faith in honor or in memory of a child to combat a trademark application filed to prevent all CDH families from raising Congenital Diaphragmatic Hernia Awareness freely.  Our lawyer is working against this trademark pro bono.

One organization, Breath of Hope, Inc., is seeking to own the term "Congenital Diaphragmatic Hernia Awareness" and therefore dictating it's use. This would be detrimental to every cause, every CDH organization, every family affected by Congenital Diaphragmatic Hernia that wishes to raise awareness, advocacy, research and support of this birth defect in memory and in honor of these babies. This would effectively exclude everyone but a few within a specific organization of using CDH Awareness ribbons, petitioning the government of CDH Awarness Days, holding events, fundraisers and any other activities in correlation for raising awareness of this disease without specific permission from one specific individual within one organization for their benefit.

It is our collective opinion that no one should benefit from the pain and / or deaths of babies born with Congenital Diaphragmatic Hernia by claiming ownership of the awareness of this birth defect. We petition the United States Trademark & Copyright office to deny claims to this term and any terms that would negatively affect the families, medical care givers and general public who may be affected by CDH.

As this would be detrimental to several other organizations who have been practicing CDH Awareness for over a decade, 1000's of families around the world and general public - we started a petition against the ownership and trademark of the phrase "Congenital Diaphragmatic Hernia Awareness" by Breath of Hope, Inc and any entity, organization or individual.

This petition is sponsored by the following organizations who have chosen to take a stand for CDH families and babies around the world:

CHERUBS - The Association of Congenital Diaphragmatic Hernia Research, Awareness and Support -

CHERUBS Australia -


Rainbow of Hope -

Jack Ryan Gillham Foundation -

Olivia Raine Foundation -

2 additional CDH organizations and 3 CDH clinics who want to remain anonymous
Over 100 pediatric surgeons, nurses and other medical professionals

100's of CDH families around the world.

We ask that you not only donate to help pay for this opposition but also sign the petition to help stop this trademark and give CDH awareness back to the families and medical care providers.

Additional money raised after our target of $300 will go to our CDH conference and research funds.


This page is no longer accepting donations
CDH Awareness Trademark Opposition Fund
CDH Awareness should belong to all!

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