The fastest growing industry in India is pharmaceuticals. India exports about 20% of the pharmaceutical products sold worldwide. India is a source of organic and inorganic pharmaceutical products to various global economies. However, it is also true that pharma companies face intense competition in the pharmaceutical industry and their cost for branding and marketing is increasing day by day. Similar to regular trademarks, pharmaceutical trademarks are distinguished because they are typically registered for trusted pharmaceutical products and services, such as life-saving drugs and healthcare goods and services. Trademark registration for pharmaceutical products is of great importance as they are directly related to public health issues.
In This Article,
- What is a Pharmaceutical Trademark?
- Trademark Registration for Pharmaceutical Products – Significance
- Benefits of Trademark Registration for Pharmaceutical Products
- Documents Required for Trademark Registration of Pharmaceutical Products
- Trademark registration process for pharmaceutical products
- conclusion
What is a pharmaceutical products Trademark?
These trademarks are mostly filed for reputed pharmaceutical goods and services. In the case of pharmaceutical trademarks, the brand name or drug name is usually derived from the drug’s treatment, salt composition, or some other related medical function. For example, if the drug for the liver is called LIV, the next drug from the same firm will be named LIV-1.
Trademark Registration for pharmaceutical products–
Significance
Trademarks have become increasingly important in every industry in the twenty-first century. Pharmaceutical company names and trademarks for products are particularly important because they are directly related to a public health problem[1]. Pharmaceutical companies spend lakhs of rupees on developing and licensing drugs, but they invest very little time, effort or creativity in marketing their drugs. Pharmaceutical companies should choose a trademark because, in general, their products are sold worldwide. The same legal framework governs pharmaceutical trademark registration as other trademark registrations.
There is time and money in flying a new drug. The treatment of germs for the environment is necessary for the environment, for the environment is friendly for the environment.
Chemical (or scientific), generic (or non-proprietary), and brand (or proprietary) names are just a few of the names given to drugs. The molecular makeup of the drug is described by its chemical name. The generic name describes the substance that makes up the drug and includes a “stem” that tells medical professionals how the drug will work in the body.
Benefits of Registration for Pharmaceutical Trademark Products
Trademark registration for pharmaceutical products has the following benefits:
- Drug manufacturers can be legally protected.
- It assists the customer in the selection of suitable medicines.
- It facilitates the legal action of drug manufacturers against counterfeiters.
- It helps in branding and marketing of specific products.
- It provides insight into the favorable reputation of the company.
Pharmaceutical companies must then consider bureaucratic and legal approvals, which can be extremely difficult and time-consuming. This comes after choosing a possible name for a new product or drug. Companies should conduct a global trademark search before launching a new pharmaceutical product to ensure that other businesses have not already used their desired mark and that their branding does not negatively impact certain sectors. It is important to get the approval of health authorities before selling any kind of pharmaceutical product in India.
Documents Required in Registration of Trademark For Pharmaceutical Products
Following are some of the important documents required for trademark registration of pharmaceutical products:
For sole proprietorship:
- Name or logo to be registered
- Owner’s name and registered address (residential or business address)
For partnership firm
- partnership deed
- Name or logo to be registered
For a private limited company
- Company’s certificate of incorporation.
- Name or logo to be registered
For LLP (Limited Liability Partnership)
- Certificate of Incorporation for LLP
- LLP contract
- Name or logo to be registered
Note: If the applicant is a Private Limited Company, LLP, or Partnership Firm, they are requested to provide the MSME or Enterprise Registration Certificate if they fall under the MSME category.
Trademark registration process for pharmaceutical products
Following is the step-by-step process of trademark registration for pharmaceutical products:
- Trademark search: This is the first thing to be done in trademark registration for pharmaceutical products. It looks for names, brand marks and logos that are already in use.
- Selecting the Trademark Class and Category: The trademark authorities offer a broad range of products and services divided into 45 Classes for Trademark Registration. For Pharma Companies, most goods have been classified 5 and 35 in some exceptional circumstances. A request for the registration of collective marks or certification marks may also be made, depending on the needs of the business.
- Filing of Trademark Application Form: After selecting suitable category of Goods to be registered the applicant has to log in to Trademark Registration of Pharmaceutical Products Portal. All information regarding the business and the commodity for which the trademark is to be obtained, must be submitted using Form TM-A and duly attested/attested by a registered trademark attorney.
- Payment of Trademark Fee: After submission of the form, pay the required fee as mentioned on the portal.
- Receiving an acknowledgment: After a successful payment, a receipt or reference number (application number) is generated which can be used later to check the status of an application.
The Trademark Authority and the appropriate authority will review the application for examination once it is submitted. The officer informs the applicant whether their application was accepted or not. After approval, it is additionally published in the Trademark Journal for advertisement for about four months in which the trademark shall be registered, objected or opposed, as the case may be.
Note: Trademark is registered for minimum 10 years after approval, after which it must be renewed.
Conclusion
Once a trademark has been registered for pharmaceutical products, it can be used only with the consent of the owner. Potential investors will always be curious whether a company has trademarked its name, essential products or services as this would increase the value. Under the trademark laws and established rules for its use, reuse, assignment, etc. A trademark provides protection to goods or services. If the trademark is copied after it has been registered without the consent of the owner, the trademark authorities can impose harsh fines