Trademarks in the pharmaceutical industry are important not only as part of a company’s intellectual property portfolio, but also as a matter of public health, and obtaining a trademark registration in the pharmaceutical industry raises unique issues and considerations that need to be carefully navigated. When selecting a new product name, formulating a clearance strategy, and filing and prosecuting applications for marks, there are processes and techniques that help avoid and, if necessary, overcome roadblocks from the Food & Drug Administration (FDA) and the U.S. Patent and Trademark Office (USPTO). Join us to learn how to efficiently make your selection, obtain clearance, and acquire a trademark registration in order to protect your pharmaceutical innovation.

Our 60-minute discussion will cover:

• Initial steps in selecting pharma marks
• Conducting the most comprehensive search possible, including searching the Orange Book and Pharma in use databases
• Navigating proposed marks already on file at the FDA
• Navigating naming issues at the FDA
• Properly describing your trademark application for a new pharma product
• Overcoming initial USPTO refusals to a pharma mark
• Addressing possible challenges from third parties during publication
• Unique issues with filing proof of use at the USPTO
• AI issues that are cropping up with pharma marks

Presenters:

Leo Loughlin | Member | Rothwell Figg

Davide Schiavetti | Associate | Rothwell Figg