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Top Articles - Trademarks: When and How to Search and File Trademark Applications
1. What is a Trademark?
A trademark can be any word, slogan, design, symbol, or even a color, smell, product configuration or a combination of these, used to identify the source of origin of particular goods and services. The trademark serves as a source identifier of your goods and servi
According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product
ces, to distinguish it from the goods and services of others. For example, Nike has a registered trademark with the United States Patent and Trademark Office (“USPTO”). Their mark is used to distinguish their goods and services over other shoe companies. Nike actually owns several tradem
; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.
Examples of combination products may in
Examples of combination products may in
arks, including design marks as well, such as their swoosh symbol.
Here is another example, remember when Paris Hilton was saying “that’s hot” everywhere? She applied for a trademark application with the USPTO. If it ultimately gets issued, it doesn’t mean that no one else can ever say t
Here is another example, remember when Paris Hilton was saying “that’s hot” everywhere? She applied for a trademark application with the USPTO. If it ultimately gets issued, it doesn’t mean that no one else can ever say t
lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.
hat phrase. Ms. Hilton’s trademark attorney has filed the slogan only in connection with particular specified goods and services. Therefore, if the mark does ultimately issue, she will have federal rights to prevent others from using the mark in connection with the same or similar goods a
here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe
d services she registered the mark with.
2. Why You Need to Conduct a Trademark Search and File an Application You are ready to launch a new product, or you are about to start a new business and you have a great name you’ve been wanting to use for years. But can you? Here is a typical s
2. Why You Need to Conduct a Trademark Search and File an Application You are ready to launch a new product, or you are about to start a new business and you have a great name you’ve been wanting to use for years. But can you? Here is a typical s
d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.
Combination pro
Combination pro
cenario: Company A opens its doors (a physical store and online) choosing a name without conducting a trademark search. Company A starts promoting its name by investing in advertisements (print and online such as Google adwords). Months go by and Company A is doing quite well financially,
ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc
has invested a lot money in advertising and marketing, and its page ranking in Google and went up considerable for its desired terms (after spending a ton of money to search engine optimization marketing firms). Then one day,
Company A receives a cease and desist letter from Company B’s
easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi
attorney similar to this:
"Company B is the owner of United States Federal Trademark Registration No. XX and other trademark registrations pertaining to this mark. Company B uses this mark in the United States in conjunction with its goods and services. Company B legally owns the tradema
"Company B is the owner of United States Federal Trademark Registration No. XX and other trademark registrations pertaining to this mark. Company B uses this mark in the United States in conjunction with its goods and services. Company B legally owns the tradema
nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically
rk upon which your online store, products, and advertisement are infringing.
Company B believes that you are intentionally trading on the goodwill of Company B by using a trademark that is confusingly similar to Company B’s Trademark and that your use of the Trademark does, or is intended
Company B believes that you are intentionally trading on the goodwill of Company B by using a trademark that is confusingly similar to Company B’s Trademark and that your use of the Trademark does, or is intended
and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ
to confuse or mislead customers seeking Company B’s products or services. This activity is actionable under federal law and causes you to be liable to Company B in every state in which you have made sales or done business. Your activities are unlawful and constitute unfair competition, inte
ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi
tional trademark infringement and dilution, false designation of origin and/or cybersquatting.
Federal Law provides numerous legal remedies for trademark infringement and dilution, including, but not limited to, preliminary and permanent injunctive relief, monetary damages, claim to a defe
Federal Law provides numerous legal remedies for trademark infringement and dilution, including, but not limited to, preliminary and permanent injunctive relief, monetary damages, claim to a defe
ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.
Following aspects would a
Following aspects would a
ndant’s profits…"
So now what? You are thinking it can only be a bad dream, I can’t stop using the name I’ve been using all this time. Think again. Although you may be able to fight or settle in order to prevent your name from being taken away, it typically takes time and a lot of mone
So now what? You are thinking it can only be a bad dream, I can’t stop using the name I’ve been using all this time. Think again. Although you may be able to fight or settle in order to prevent your name from being taken away, it typically takes time and a lot of mone
dd to the challenges in developing combination products:
Which markets to tap where the combination products can do fairly well?
Which combination prod
Which markets to tap where the combination products can do fairly well?
Which combination prod
y. This is the sad scenario many business owners face when the neglect to take into account intellectual property rights of others.
Rather than being a victim to bad business practices, the proper way to proceed is to obtain a trademark search on each and every name you intend to use in c
Rather than being a victim to bad business practices, the proper way to proceed is to obtain a trademark search on each and every name you intend to use in c
cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin
onnection with the goods and services your business is promoting. A competent trademark attorney can conduct the search and analyze the results to advise you whether or not you should use the name. If name appears to be clear, then it is advisable to proceed with your own application for
tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen
What would be the developing cost?
How to tackle the risks encountered during combination product developmen
trademark in order to serve as a defense and to be used offensively against would be trademark infringers.
Upon issuance of your federally registered trademark, you have the following significant benefits:
• Nationwide constructive notice of trademark ownership
• Evidence of an
Upon issuance of your federally registered trademark, you have the following significant benefits:
• Nationwide constructive notice of trademark ownership
• Evidence of an
t?
As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel
As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel
d a presumption of ownership
• Federal court jurisdiction (should you have to sue to prevent infringement)
• Federal registration can be used to obtain foreign registration
• The registration may also be filed with U.S. Customs Service to prevent importation of foreign goo
• Federal court jurisdiction (should you have to sue to prevent infringement)
• Federal registration can be used to obtain foreign registration
• The registration may also be filed with U.S. Customs Service to prevent importation of foreign goo
ping new procedures for reviewing their safety, efficacy and quality.
Professional from academic institutions, pharmaceutical industries, health care indust
Professional from academic institutions, pharmaceutical industries, health care indust
ds that infringe on the trademark
3. Trademark Issues on the Internet What about domain name disputes; use of trademarks in Google adwords advertising or banner advertisements; cybersquatting; how about protect, parody, or criticism websites like www.starbucked.com; trademark issues w
3. Trademark Issues on the Internet What about domain name disputes; use of trademarks in Google adwords advertising or banner advertisements; cybersquatting; how about protect, parody, or criticism websites like www.starbucked.com; trademark issues w
y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products
th pop up ads; etc. These are all issues that occur everyday online and are costing business owners millions. Each issue can be resolved in different ways, either by the use of cease and desist letters; negotiations and settlement; a traditional trademark infringement lawsuit in either fe
.
As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de
As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de
deral or state court; an Anticybersquatting Consumer Protection Act (ACPA) lawsuit; or an Uniform Domain Name Dispute Resolution Policy (UDRP) proceeding.
© 2006 Michael N. Cohen, Esq. No portion of this article may be copied, retransmitted, reposted, duplicated or otherwise used without
© 2006 Michael N. Cohen, Esq. No portion of this article may be copied, retransmitted, reposted, duplicated or otherwise used without
elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.
Companies that provide selfless information through particip
Companies that provide selfless information through particip
the express written approval of the author.
This article is not intended as a substitute for legal advice. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. You should consult with an attorney familiar with the issues and the laws
tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products
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