Spotlight on

Pharmaceutical Trade Marks

Navigating the trade mark landscape in the pharmaceutical and consumer healthcare sectors is uniquely complex, but we’re here to guide you every step of the way. Our team has extensive experience supporting companies across the full spectrum of the industry, from innovative start-ups still in early-stage R&D through to established international market leaders with global brand portfolios.

We understand that pharmaceutical trade marks aren’t just about branding. They’re also integral to patient safety and are closely scrutinised by regulators. That’s why our approach is tailored to the specific challenges and risks faced by companies operating in this sector. From brand name clearance projects to global brand enforcement strategies, whatever stage you're at, we’re here to help your brand thrive.

Strategic Clearance

Trade mark clearance searching is an important aspect of developing any new brand name, but for pharmaceuticals, clearance searches will typically need to be more comprehensive than in other industries. Not only do proposed names need to be available for trade mark registration, but they must also meet the rigorous standards imposed by regulatory bodies such as the Medicines and Healthcare products Regulatory Agency (MHRA) in the UK and the European Medicines Agency (EMA) in the EU.

Our pharma trade mark experts are highly experienced in devising and conducting international trade mark clearance projects spanning many countries, including ‘pharma in use’ searching, where checks are made of relevant databases of pharmaceutical names that are actually in use. We work with clients to identify viable names, taking into account important commercial considerations, reducing the risk of costly rebranding later down the line.

Early, But Not Too Early: Filing Strategies That Work

We know that the road from lab to launch can be long, often spanning many years. Timing trade mark applications correctly is therefore critical. Apply too early, and your registration may become vulnerable to non-use challenges before the product is even on the market. Apply too late, and you risk not being able to use the mark you want. We help clients manage these timing issues and build trade mark portfolios with longevity and enforceability in mind.

Global Enforcement

When it comes to pharmaceuticals, confusion in the market can have serious consequences, both for patients and for brand owners. That’s why we develop comprehensive, international enforcement strategies to protect your trade marks worldwide. From dealing with conflicting trade mark applications to tackling online infringement, we ensure your rights are robustly defended.

Combating Counterfeits

The pharmaceutical industry remains one of the most heavily targeted by counterfeiters. We help companies put proactive measures in place to identify, investigate, and tackle counterfeit goods swiftly and effectively.

Parallel Trade: What It Means for Your Brand

Our experts can also advise on managing parallel imports, a common issue in this sector due to pricing disparities across different territories. Our team can help you assess whether your rights have been infringed and advise on appropriate enforcement action.

Special Reports


Non-traditional Pharmaceutical Trade Marks Report - Spotlight Page
Non-traditional Pharmaceutical Trade Marks

We explore the relevance of each type of non-traditional trade mark to the pharmaceutical sector, how they can be registered and enforced and the particular challenges brands will face along the way.


Exhaustion and Parallel Trade in the UK Report - Spotlight Page
Exhaustion and Parallel Trade in the UK

In this report we discuss the complexities of the current trade mark exhaustion landscape, and the outcome of the UK government consultation (2021) on Exhaustion and Parallel Trade in the Pharmaceutical Sector.

Read our blogs

UK government confirms UK will maintain UK+ exhaustion regime

UK government confirms UK will maintain UK+ exhaustion regime

by Rebecca Anderson-Smith

In June 2021, the UK government launched a public consultation on the UK’s future exhaustion of intellectual property (IP) rights regime following Brexit. The consultation ran for 12 weeks and closed ...

Abbott’s CGM shape trade mark found invalid by high court

Abbott’s CGM shape trade mark found invalid by high court

by Rebecca Anderson-Smith

On 7 February 2025, the High Court of England and Wales issued a decision in Abbott v Sinocare [2025] EWHC 206 (Ch) finding that a registered 3D shape representing the on-body unit (OBU) of a ...

Pharma trade marks: 2024 EU case law round up

Pharma trade marks: 2024 EU case law round up

by Emily Sullivan

The pharmaceutical industry continues to face evolving challenges in trade mark law. 2024 brought interesting case law developments in the EU that impact brand protection and market strategies. ...

Pharma trade marks: 2024 UK case law round up

Pharma trade marks: 2024 UK case law round up

by Karolina Fryzlewicz

In 2024 UK courts issued new guidance that is particularly relevant to brand owners in the pharmaceutical industry. In this article we highlight three decisions that are particularly noteworthy for ...

Pharma trade marks: 2023 EU case law round up

Pharma trade marks: 2023 EU case law round up

by Emily Sullivan

As we enter 2024, we reflect on the lessons we have learned in 2023. The trade mark landscape has continued to evolve, and pharmaceutical trade marks are no exception. In this article, we take a ...

EU General Court provides guidance on consumer perception in the pharmaceutical industry

EU General Court provides guidance on consumer perception in the pharmaceutical industry

by Jamie Emerick

Earlier this year, in March 2023, the European Union’s General Court provided some useful clarifications on consumer perception in the pharmaceutical sector. The case, Case T-175/22, Novartis v EUIPO ...