Registrations
Trademark Registration for Pharmaceutical | Brand Protection & Filing Support
A pharmaceutical trademark protects your drug or healthcare brand name, but it faces stricter inspection than trademarks in most other industries, because of the health risks tied to confusingly similar drug names. At Brandregistration.co.in, we help you to handle trademark pharmaceutical industry filings with extra care and all the precautions this sector demands.
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Frequently Asked Questions
Can I trademark a name that is derived from a generic drug ingredient?
Yes, but carefully, courts have allowed names that use fragments of an INN, like ATENOVA from Atenolol, as long as you are not using the generic name in its entirety or creating confusing similarity.
Why does pharmaceutical trademark examination take longer than other industries?
The process of trademark examination for pharmaceutical takes more time because the examiners will check your trademark against the WHO INN database apart from the usual conflict check, and courts apply a stricter similarity test given the public health stakes involved.
Is it possible for two companies to have similar-sounding drug names if they are used for different diseases?
No, even with different formulations, phonetic similarity is still considered a problem in courts as in MANKIND vs NOVAKIND, where the shared suffix alone created a risk of confusion.
Does getting a CDSCO approval for my drug automatically protect my brand name?
No, regulatory approval from CDSCO and trademark registration are separate processes, and clearing one doesn’t mean you have guarantee for the other.
