Top Articles

Trademark law gives companies the exclusive right to use a given name or design, called a “mark,” for the purpose of identifying the source the of that company’s goods or services. Trademark law is an incentive-based system. Bec

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

ause it gives companies the exclusive right to use a mark in connection with certain goods or services, the company can create a brand that is recognizable by the consuming public. That trademark would be associated with and inc

; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.

Examples of combination products may in

rporated into every advertisement the company runs for its goods or services. Repetition of those advertisements containing the trademark causes consumers to associate the mark with the goods and, with enough repetition, consume

lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.

rs buy the goods.

A brief, but related, digression. We all know that if you see a product advertised frequently enough, the product will sell. You might even be one of the people who buys the product. The thinking process by wh

here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe

ch you reached the decision to buy the product is not an intellectual, logical process. It’s a function of the way the human mind works. Continually hearing a repeated message makes the message more familiar, more real, and, eve

d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.

Combination pro

tually, more true. As the adage says, “even the boldest lie becomes the truth if you scream it loud enough and long enough.” I call this the “Lie = Truth” Adage. Sadly, I frequently encounter the “Lie = Truth” Adage in litigatio

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

n. I also know of some politicians and terrorist masterminds who are experts at exploiting this fact of human nature.

Back to trademarks. The advertising departments at most companies know the “Lie = Truth” Adage can be very su

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

cessful in advertising. The cynic would pump his fist in the air yell “Down with the corporations, and power to the people! All the corporations care about is taking our money at all costs!” While we can point to some recent exa

nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically

ples that might make it challenging to argue against this viewpoint, as to the overwhelming, vast majority of companies, that view simply cannot be supported.

Trademark law creates very strong incentives for companies to make t

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

he highest quality product possible and to advertise their merits and attributes accurately. Aside from the fact that companies invest anywhere from tens of thousands to millions of dollars into their trademark(s), all it takes

ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi

s one bad product line to tarnish a companies image in the mind of the consumers who buy their products. Both of these factors hit companies where it hurts them most: in the pocketbook. So, while companies clearly have to perfor

ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.

Following aspects would a

a balancing act of creating a high quality product, keeping costs down, and pulling in as many purchasers as possible, they have very strong incentives to create a quality product that they will associate with their trademark.

dd to the challenges in developing combination products:

Which markets to tap where the combination products can do fairly well?
Which combination prod

To be eligible for any level of trademark protection, a mark must be “distinctive” and not merely “descriptive” of the goods or services. Whether a mark is distinctive and “how” distinctive or strong the mark is can be determin

cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin

d by a sliding scale. Marks can be (1) fanciful; (2) arbitrary; (3) suggestive; (4) descriptive; or (5) generic. Whether a particular mark is protected by trademark law depends on the strength category into which it falls.

A fa

tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen

ciful mark is one that is invented for the sole purpose of being a trademark. For example, EXXON is a fanciful mark. It is a word that does not exist in the English language and was created only for the purpose of identifying th

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

e oil and gas company.

An arbitrary mark is typically an existing word that is arbitrarily applied to a product or service that has nothing to do with the word. For example, the mark APPLE as applied to sales of computers.

A s

ping new procedures for reviewing their safety, efficacy and quality.

Professional from academic institutions, pharmaceutical industries, health care indust

ggestive mark is a mark that suggests a quality or characteristic of the goods or services. Suggestive marks require some level of imagination to bridge the connection between the mark and the product. For example, the mark PENG

y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products

IN as applied to refrigerators.

A descriptive mark is a word that merely describes a quality or characteristic of a product. Descriptive marks are not entitled to trademark protection unless they have obtained “secondary meanin

.

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

g” under the trademark law. An example of a descriptive mark would be LIGHT to identify a lightweight notebook computer.

A generic mark simply identifies by name a particular product. Generic marks are never entitled to tradema

elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.

Companies that provide selfless information through particip

k protection. An example of a descriptive mark would be MODEM in connection with modem sales. If trademark protection were allowed in this instance, the company could essentially remove the word “modem” from the English language

tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products

HTTP = HTML link (for blogs, profiles,phorums):
<a href="http://www.toparticles.org.ua/article/131383/toparticles-Overview-of-Trademark-Law.html">Overview of Trademark Law</a>

BB link (for phorums):
[url=http://www.toparticles.org.ua/article/131383/toparticles-Overview-of-Trademark-Law.html]Overview of Trademark Law[/url]

Many companies are restating or recertifying their financial results because of stock options backdating. This article will focus on: Restatement and Recertification of results - what are they, what is the difference etc.?

Learn how you can energize all the participants in your next meeting with creative icebreakers while giving them a chance to get to know each other a little better. Learn some of the keys to successful icebreakers and avoid the SNOREs of boredom in your next group meeting!

Millions of people search the internet each year for a great way to earn or make money online. I don't blame them. Who wants to work for the man forever? I don't. Here are a few ways to make money online in your spare time and possibly even full time.

Tags

Links

Top Articles - Overview of Trademark Law

Related Articles: