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.