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ARTICLE · 11 AUGUST 2025

Naming Prescription Drugs: Navigating Regulatory And Trademark Challenges

McMillan LLP
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McMillan LLP

McMillan LLP

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Choosing a "brand name" for prescription drugs in Canada is not just about creativity or marketing appeal – it is a careful balance between legal and regulatory requirements.

CanadaIntellectual Property

Choosing a "brand name"1 for prescription drugs in Canada is not just about creativity or marketing appeal – it is a careful balance between legal and regulatory requirements. On the one hand, the brand name must qualify for trademark protection; on the other hand, it must meet Health Canada's approval standards. These two requirements can conflict, creating challenges for pharmaceutical brand development.

In this bulletin, we outline key challenges and best practices when naming prescription drugs in Canada, along with tips for global brand strategies.

Health Canada Brand Name Approval

In Canada, if you are seeking approval for a new prescription drug, you will need to submit your proposed brand name to Health Canada as part of the drug approval process.2 The brand name is reviewed as part of Health Canada's overall evaluation; it is not a separate or optional step.

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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