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  • Subjects - Trademarks: How Important Are They?

    Being different from the rest always gathers prominence. Any commercial/ non-commercial product or service needs a certain degree of uniqueness to get their potential customers. Such dist
    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
    inctive character of a product usually becomes the registered trademark of a brand. However, a trademark may not necessarily be a distinct physical entity. Any attribute of a product or 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
    rvice that uniquely identifies itself with the customers can become a trademark. So a distinct smelling perfume, a unique hairstyle, a design, sound, name, word, logo, a combination of fe
    lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.

    w attributes or anything that qualifies being distinct can become a trademark.

    The origin of trademarks can be traced back to the ancient period when some craftsmen used to put their sig
    here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe
    ature as a token of identity on their works. Over a period of time such signatures / marks made way for other distinctive attributes of an entity. Among such attributes, a logo gradually
    d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.

    Combination pro
    ained precedence over a period of time. A logo is a symbol, abbreviation, name or a visual illustration that is used by a company to make their brand identifiable to the public. Today log
    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
    o has become a media through which the companies communicate the nature and distinctiveness of their products to the customers. All companies want their logo to be the registered trademar
    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
    of their brand.

    The primary reason behind such importance of a logo as a trademark is its visual appeal. Whenever we think of a commercial entity, we visualize their logo first. Visual
    nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically
    representation, in most cases is perceived better than any other form of representation. So a logo with a distinct appeal that communicates the message well to the outer world is usually
    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
    he preferred trademark for any brand.

    A trademark plays a major role towards the success and popularity of a brand and thus it has the risk of being infringed upon. To avoid such infring
    ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi
    ments, business owners should get their trademark registered first. This will not only give them the right to use it exclusively for their product but also will discourage the competitors
    ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.

    Following aspects would a
    from copying it. However, not all trademarks are eligible for registration. The inherent feature of a trademark is its distinctiveness. So it’s a priority for a logo, a design, a smell o
    dd to the challenges in developing combination products:

    Which markets to tap where the combination products can do fairly well?
    Which combination prod
    any other feature of an entity to be distinct in nature to be eligible of being a trademark.

    To qualify as a trademark, the particular characteristic of a product/ service should either
    cts are meaningful and rational?
    Which therapeutic categories to select?
    Which Combinations can address unmet needs of the patients?
    Do combin
    be:


    -A never-before feature,
    -A common word used for products not related with the dictionary meaning of such a word. E.g.: the word "Orange" being used as a trademark for a UK
    tions increase the patient compliance?
    What would be the developing cost?
    How to tackle the risks encountered during combination product developmen
    based mobile phone company.
    -A suggestive mark that describes one or more attributes of a product or service.
    -A descriptive mark that describes a particular product or service
    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
    nd is in line with the dictionary meaning. However such marks should have a distinct character to be eligible of becoming a trademark.
    Apart from the above, a generic name, in most c
    ping new procedures for reviewing their safety, efficacy and quality.

    Professional from academic institutions, pharmaceutical industries, health care indust
    ases fails to qualify as a trademark for an entity. Thus, while the word “Orange” can be a registered trademark for a mobile phone company, the same might not qualify as a trademark for a
    y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products
    agro based company that produces oranges.

    So, business owners should carefully choose the feature of their product that they wish to be highlighted as a trademark. It is wise to seek va
    .

    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
    luable advise from companies specializing in brand promotions, intellectual property rights and logo designing to get valuable
    elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.

    Companies that provide selfless information through particip
    nputs in this regard. The money you pay for such a consultation is meager in comparison to the manifold benefits that a potentially good trademark can generate for your business in future


    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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