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Trademarks are essential for pharmaceutical and medical device companies. Not only can they build trust among consumers and help them to identify your company’s products, but a trademark can also protect your most valuable asset: your brand. After spending years developing your brand and creating a strategy to promote your drugs, medications, and products, it is critical to take every measure to shield the mark that represents it from infringement.
When you register your trademark with the United States Patent and Trademark Office, you can safeguard it from misuse from competitors who seek to harm your company’s reputation. At the Trademark Lawyer Law Firm, PLLC, we have extensive experience working with companies in the pharmaceutical and medical device industries. With our unique insight and broad scope of knowledge, we will work closely with your company to craft a comprehensive plan to protect your brand for your future success.
Consumers and healthcare professionals need to know that they can rely on your medical product to be safe and effective. Trademarks are vital for pharmaceuticals and medical devices because they can help patients, doctors, and others in the healthcare field recognize the product they trust — and distinguish it from others. Importantly, since the scientific names of drugs are often similar, a trademarked proprietary name can also prevent confusion and reduce the risk of error in a medical setting.
At the Trademark Lawyer Firm, we regularly assist pharmaceutical and medical devices companies with trademarking the following:
Additionally, while a trademark protects the non-functional aspects of a product, trade dress (the look and feel of a product’s packaging) can also be safeguarded through USPTO registration.
With competition as fierce as it is in the pharmaceutical and medical device industries, you may consider filing an “intent to use” application with the USPTO before the mark is used in commerce. This can allow you to secure your priority trademark rights and prevent confusion with a drug or medical product that may be of lesser quality while you are awaiting regulatory approval.
Offering high-quality counsel and reliable legal services, our trademark lawyers can determine the best strategy for you to pursue to protect your brand. Whether you are distributing your product domestically or globally, we are committed to providing solid advice at every stage of the trademark process.
Companies in the pharmaceutical and medical device industries can face various challenges when it comes to trademark matters. In addition to satisfying the USPTO’s criteria for trademark registration, there are also regulatory considerations that can come into play. Our attorneys have the knowledge necessary to guide you through the nuances and complexities of the trademark process. We can also help to identify any potential issues in advance to avoid the possibility that your trademark application could be denied by the USPTO.
Critically, after your medical device or pharmaceutical trademark has been registered with the USPTO, it must be monitored and maintained. Regardless of how well-known or valuable your brand is, if your trademark registration is not renewed at the necessary intervals or you do not monitor for infringement, you could potentially lose your rights. At the Trademark Lawyer Firm, we understand that managing a trademark portfolio can be laborious and time-consuming; we offer a full range of trademark management and monitoring services to assist you with streamlining the process.
Despite the protections you may have in place, trademark disputes can still arise. Our lawyers represent pharmaceutical and medical device companies in trademark litigation when issues surrounding ownership or use arise. We also advocate for clients in matters before the Trademark Trial and Appeal Board — the USPTO’s administrative tribunal — if there is a dispute concerning the registration of the trademark.
After investing time, research, and resources into building your brand and developing your medical product, it is imperative to register your trademark to protect your company’s reputation and bottom line. Based in Ann Arbor, Michigan, the Trademark Lawyer Law Firm, PLLC works with pharmaceutical and medical device companies of all sizes to shield their brands from competitors who might inadvertently or purposely misuse their mark. With more than 6,500 trademarks successfully registered with the USPTO, our attorneys are committed to offering our clients skillful representation and reliable counsel. Contact us for a free initial consultation today.
Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights.
A good example of this is disclaiming “café” if your services are for a café.
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry.
In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
Two dates must be specified in a trademark application:
Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade.
Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.
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