Pharma Trademark Registration
Why trademark registration is important and it’s Process
Trademark is an intellectual property right, it provides legal protection names, symbols, devices, or words registered and that will be used in connection with a good or service.
A trademark not only offers its owner, the exclusive right to use the mark, also empowers the owner to prevent any other person or organization from using a same or similar mark that can be confusing for the general public or which affects the status of a brand attached to that mark. Its not only spelling but the phonetic similarity is also considered while awarding trademark registration.
When it comes to pharma industry a brand name means a lot. A similar brand name can affect the sale of the product and also hampers company image. If a company gets its brands registered, it can ensure that no other company can bring a product in the market with a similar name ( Spelling or phonetic )
On the other hand, entering into the market with a brand not registered can be perilous. There might be an existing brand with the same spelling or phonetic similarity. In this situation, one has to surrender product with a similar name, change brand name, change packaging, change promotional material and all this affects not only business but the image of a company is also hampered along with financial losses.
Trademark Registration Process
Here we discuss steps involved in registration of a trademark:
- An application for registration of trademarks is filed at the Head office or a branch office of the Trade Marks Registry at a place where the business of the applicant is situated.
- Application is then examined on grounds of whether the mark is capable of distinguishing applicant’s goods or services, whether it is prohibited for registration under any law for the time being in force, whether the registration of the relevant mark is likely to confuse.
- All applications are examined at the Head Office of the TRADE MARKS Registry at Mumbai.
- The registrar of trademarks then decides whether the application should be accepted for registration or rejected.
- Once an application is accepted, the proposed mark along with other details as in application is published in the Trade Marks Journal, an official gazette of the Trade Marks Registry, which is hosted weekly on the official website.
- Any person can oppose such mark within four months from the date of publication in the journal.
- Once objected or opposed, opposition legal proceeding is conducted at the respective office of the Trade Marks Registry.
- A copy of the notice of opposition is served to the applicant of the mark.
- The applicant must file a counter statement within two months, failing which the application is treated as abandoned.
- Based on opposition and counter-statement, the registrar calls both parties with pieces of evidence for hearing on a particular date.
- If the registrar is satisfied with the evidence of the applicant, a trademark is granted, if not, his applications get rejected.
- The verdict of the registrar is appealable to the Intellectual Property Appellate Board.
Why Trademark is Important
- It acts as an effective communication tool: It gives a message about your brand, your company, your reputation, products and services.
- It makes easy for a customer to find you: The marketplace is crowded and it’s hard to distinguish your business from your competitors. Trademarks/brands are an efficient commercial communication tool to capture customer attention and make your business, products and services stand out.
- It allows a business to effectively utilise the Internet and social media: Your brand is the first thing customers enter into a search engine or social media platform (Facebook, Twitter, Pinterest) when looking for your products and services.
- It’s a valuable asset: Trademarks can appreciate over time. The more your business reputation grows, the more valuable your brand will be.
Most importantly when a trademark is registered your doctors and patients get the feeling that you have planned to stay in this pharma industry forever and investing to ensure that no one can duplicate your brand or image.
Share your names for trademark search for no charge or submit your product name like Ciprofloxacin Tablets along with your company name and we will provide you with good Brand name options.
Click here and submit details here to get more information about charges and we will get back to you.