A trademark, in the most random sense, can be defined as the trade name which may consist of a word, a logo, a distinctive label, a symbol or a combination of all that is used by a legal entity to distinguish their product or service from others in the industry. Excelon IP, the No.1 Trademark Services in, India with a dedicated team of Trademark Attorneys and Trademark Agents to fulfil Trademark related requirements of our vast client base.
How to protect your Trademark?
A trademark in India can only be protected when it can be used in a distinctive manner to identify the product (the goods or services). A trademark basically protects the consumers too and not just brand owners. It protects consumers from getting confused about the provider of particular goods or services. If someone uses a registered trademark for the purpose of commercialization then the owner of the trademark can raise an objection against such person and file a suit for trademark infringement. A registered trademark provides the trade name owner with the exclusive right to use and enforce.
Not every word or design of a logo is subject to trademark. Protection of a trade name is dependent on various factors which are inclusive of the distinctiveness of such trade names. To get protection and the status of a registered mark, the trademark must not be generic as well as it must not be descriptive. For instance, you cannot get registration for the word “quality” since its generic in nature, likewise, you can’t get registration for a word cherry if you trade cherries (fruit), but you can get the same registered if you trade into cycles under that name.
A trademark has four basic functions which are an identification of the goods or services as well as their origin, a guarantee of the same quality under that name, marketing and advertising the product under that name, and creates a lasting impression & reputation in the minds of people in general. Choosing a trademark and getting it registered for the pharmaceutical sector is complex because of the stringent rules and regulations of trademark laws in India. It requires great care to choose and register a trademark in the pharmaceutical sector in order to ensure minimal confusion in the minds of people in general. Confusion because of the name of the drug in the mind of a layman can cause serious consequences in pharma sectors.
Importance of Trademarks in Pharma Industry
At the same time, the trademark of the pharma sector is very important to people in general since they help in the identification of the desired drug. Also, without distinctive trademarks in pharma sectors, it will be difficult for a layman to figure out the differences among available goods. While launching a new product in the pharmaceutical sector the applicant has to check globally about the existence and use of the mark. While choosing a trademark the major concern is to reduce the confusion in the minds of the consumer which will enable them to create a reputation in their minds about the particular drug.
Generally, a pharma trademark will always have a non-proprietor word complemented with the chemical name in the name of the drug which will be further used to figure out the generic form of such drug. While reviewing a trademark, the trademark examiner considers and makes sure that no such term, or letter or words or any other combination gets registered which must be free to use in-general by the people.
Trademark Law Firm | Excelon IP
We have a dedicated team for Trademark with expert Trademark Agents & Attorneys. Our Trademark Law firm has years of experience and provides you with complete solutions for Trademark related Intellectual Property requirements. We provide our clients with various kinds of trademark services from trademark search to filing until it is commercialized.
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