This positive ruling for hygiene brands is a reminder that applicants must be cautious in adopting parts of registered marks, particularly if the identical part is at the beginning, as only differing the end-syllable is not a guarantee of preventing infringement.
The ASCI’s Annual Complaints Report 2023-2024 reveals crucial insights into brand advertising campaigns in India, with 98% of scrutinised ads requiring modification. Misleading ads present a challenge for law enforcement and brands must adhere to court rulings or else risk the suspension of their manufacturing licences.
In our latest round-up, we look at the adidas motion for a new Thom Browne trial being denied, an OtterBox counterfeit bust, and more.
A drug can have three names in China: the generic name, the trade name and the trademark. Generic names and trade names are administrated and approved by the State Food and Drug Administration, while trademarks are registered with the China Trademark Office (CTMO) and administrated by both the CTMO and the local administrations for industry and commerce.
22 September 2010
Before filing trademark applications, it is recommended that applicants conduct a clearance search to verify the availability of the proposed mark in Israel and assess the possible risk of trademark infringement. If the applicant wishes to search for common law marks in order to avoid other possible risks based on unregistered marks, this will involve an investigation of the actual products in the Israeli market and, in particular, a search of relevant websites and databases.
22 September 2010
Pharmaceutical products and, consequently, pharmaceutical trademarks are highly regulated in France. Both national and EU laws and regulations govern various aspects of the development and commercialisation of pharmaceuticals, including the intellectual property deriving therefrom.
22 September 2010
Similarities between products and services are a central concern of trademark strategies at various stages (eg, trademark availability searches, recitation of products and services in the application, trademark watches and, of course, administrative and legal proceedings).
22 September 2010
In Sweden, pharmaceutical trademarks are governed by trademark law and also, to some extent, by sector-specific regulation. Primarily, the bodies dealing with the registration of pharmaceutical trademarks are those involved in granting registrations for all kinds of trademark.
22 September 2010
The Pharmaceutical Law is almost entirely based on the principles of EU law. All Community regulations and judgments of the Court of Justice of the European Union relating to pharmaceutical issues – including trademarks, repackaging and parallel imports – are directly applicable in Poland.
22 September 2010
The drug naming process comprises three components: the chemical name for the molecular structure of a drug, its generic name and its brand name. The reason for having both a generic name and a brand name is because a generic name may be used by all who wish to refer to this substance, whereas a brand name is owned by the firm that markets that drug.
22 September 2010
It is a pleasure to welcome you to the second edition of Pharmaceutical Trademarks – A Global Guide. Building on the success of the inaugural edition, Pharmaceutical Trademarks 2010/2011 provides trademark professionals with comprehensive guidance on the key issues involved in the protection, enforcement and marketing of pharmaceutical brands. Written by experts from leading firms across the globe, the guide is designed to help the busy practitioner to make an international comparison of the practices and procedures governing pharmaceutical marks. To achieve this, this year’s edition presents analysis from 18 key jurisdictions, with a regional chapter investigating the particular challenges arising from similarities between pharmaceutical trademarks in the European Union. Although the chapters in this book offer valuable insight on law and practice governing pharmaceutical trademarks, they do not seek to provide specific legal advice and should not be read as such. However, only those firms and organisations with specialist expertise in the field of pharmaceutical trademarks were invited to contribute, and the authors raise a number of critical points that rights holders and their advisers should take into consideration when constructing an international pharmaceutical protection strategy. I am grateful to all of the authors for their commitment to and participation in this valuable project, and would also like to thank the Pharmaceutical Trade Marks Group for all its assistance during the production of Pharmaceutical Trademarks 2010/2011.Trevor LittleManaging editor
22 September 2010
Indonesia’s rapidly growing domestic market presents significant opportunities for pharmaceutical companies seeking to do business in the country. However, its geography and unique socioeconomic conditions also present a challenge. Success is possible through a robust strategy, as well as strict and transparent compliance with Indonesia’s regulatory regime.
22 September 2010
There is a considerable history behind the Pharmaceutical Trade Marks Group (PTMG) and some major traditions to be upheld. Reflecting the pace of change in the pharmaceutical trademark sector and the challenges facing trademark counsel, the PTMG cannot stand still, but needs to progress, learn, grow and develop. The PTMG has to manage change and rise to new challenges, while at the same time remaining true to its essential nature.
22 September 2010
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