Answers - Legal

Comprehensive trademark research consists of several layers:

Researching comprehensive databases, such as Lexis-Nexis or Dialog

Looking for similarities, such as synonyms, word placement & spelling variation

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

Consultation with a trademark attorney if Conflicts or Strong Similarities arise

The hardest matter to determine is what's going to be a potential problem for you and what isn't. Once that is ascertained,

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

Examples of combination products may in

further research into the company or companies is needed.

First, let's discuss the difference between conflicts and strong similarities.

What is a Conflict?

Determining a conflict is very simple - it's any mark t

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

at is EXACTLY like yours. If the name AND the goods/services are EXACTLY the same, then it's a Conflict.

What is a Strong Similarity?

These are harder to determine and require analysis. A Strong Similarity is a na

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

e that is similar enough in Sound, Appearance or Meaning to be confusingly similar to the average consumer. Here are some examples to aid you:

Joe has a pending Federal trademark for his auto detailing service

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

Combination pro

called It's in the Details. Becky wants to call her new auto detailing service, It is the Details. They are both offering the same service and their trade areas cross. This is a Strong Similarity, based on Sound & Appearan

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

ce and Joe's pending Federal application.

Mary has a Federally registered trademark for her clothing line, Scary Mary's Apparel. Dan wants to use the name Mary Frightful Wear for his clothing line. This is a Str

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

ng Similarity, based on Meaning & Mary's Federal registration.

Sam has a California state registered trademark for his restaurant, Crabtastic Eats! and has no plans to expand outside of the state and primarily s

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

rves locals. Hannah's restaurant, Crabtastic, is located in Maine. She also has no plans to expand outside of the state and primarily serves locals. This is NOT a Strong Similarity based on their different trade areas.

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

Lorena's online payroll service, Pay Up, has been in use for 15 years and has clients across the country. Gene wants to start an online payroll service called Wage Wizard. Neither of them have trademarks. This is

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

NOT a Strong Similarity based on the dissimilarity in the names.

Two important notes:

It's crucial that comprehensive research be conducted in order to decide if the name is truly available or not. Fre

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

Following aspects would a

e preliminary sites found on the web are a great place to start but please be aware that this is merely scratching the surface of what's out there.

Determining what is a conflict or a strong similarity requires experience

dd to the challenges in developing combination products:

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

and it is very easy to over or under-react to marks you've found. If you're vacillating about any marks, contact a trademark research firm or an attorney for further consultation.

Now, once those similar marks have been f

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

und and determined, the next step is to check into them to determine whether or not there would be a likelihood of confusion between the two companies when used in commerce.

How to get started with your competitive che

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

For Federal trademarks: check the current status of the application by going to USPTO Check Status site and entering the serial number in the appropriate box

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

>Do a web search for the trademark name AND for the owner name.

Call information to find phone numbers and contact information for each company.

Contact each of the similarities to find out specifically

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

Professional from academic institutions, pharmaceutical industries, health care indust

what they do and what their business area is.

Specific questions to ask:

What services do you provide? / What exactly does your product do?
I notice you are located in _________, a

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

e you currently doing business outside that area?

Do you have a web page that describes your business? Do you have a brochure that you could send or fax me?

It is best to not let on who you are –

.

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

simply act like an interested consumer.

Once you’ve checked the status of the application & contacted the companies directly, the next step is to discuss the findings with a trademark attorney. S/he will assist you in

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

Companies that provide selfless information through particip

determining your next steps.

* No claim is made to the ownership, knowledge or liability of the above personal and/or company names. The above examples are merely for informational purposes and should only be seen as such

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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