Answers - Legal

A trademark is a distinctive image, word or other thing that associates with a product or service. So, can you tra

According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product

demark your business name?

Most people think trademarks are logo oriented. In some ways, this is true. The Nike S

; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.

Examples of combination products may in

woosh is clearly a logo trademark that stands out in peoples minds. When you see it, you immediately think of Nike

lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.

and its products. While logos can clearly be trademarked, what about a business name? The answer is both yes and

here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe

no.

A trademark is a consumer oriented thing. While it protects the intellectual property of businesses, it is a

d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.

Combination pro

legal step designed to protect consumers. The basic idea is a trademark should point to a particular product or se

ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc

rvice and only be used by the company backing those items. This helps consumers in two ways. First, it represents

easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi

n assurance of a particular type of quality associated with the products or services provided by the company. Seco

nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically

nd, it precludes other companies from causing consumer confusion by infringing on that mark.

When it comes to you

and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ

r business name, you can trademark it if certain requirements are met. I am going to avoid the legal mumbo jumbo t

ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi

hat confuses people, and stick with a general rule of thumb. If you use your business name in advertising or on th

ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.

Following aspects would a

e product or service, you can trademark it. A classic example is “Google”. Google is both a company name and used

dd to the challenges in developing combination products:

Which markets to tap where the combination products can do fairly well?
Which combination prod

on the service itself. When you go to the home page of Google, you see “Google” prominently displayed. As a result

cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin

, this business name can be trademarked.

If you do not use your business name in a direct communication to consum

tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen

rs, you cannot trademark it. Why? Well, there is nothing distinct about it that reminds consumers of the connect.

t?

As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel

TJMaxx is a well-known discount retail store. Most people have at least heard of the name. The company behind the

ping new procedures for reviewing their safety, efficacy and quality.

Professional from academic institutions, pharmaceutical industries, health care indust

name, however, is actually TJCos. Nobody has heard of “TJCos” and certainly do not associate it with a store. As a

y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products

result, this business name would be difficult to trademark, if not impossible.

If your name is going to be a fun

.

As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de

damental part of your marketing effort, you should consider trademarking it. If it is not, then your probably shou

elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.

Companies that provide selfless information through particip

ld save your money. Obviously, each situation is different, so make sure you speak with legal counsel in your area

tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products

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