In Canada, trademarks for pharmaceutical preparations and
related products have faced numerous challenges, some of which are
unique to the industry. This article will canvas the current issues
as well as the important changes and new opportunities that will be
available with the changes to Canadian trademark law that are
expected to come into force in 2019.
Current challenges relating to pharmaceutical trademarks
For drug names, pharmaceutical companies need to
consider both the requirements of the Trademarks Act as
well as Health Canada requirements
If drug names are to be registered as trademarks, those drug
name trademarks must obviously comply with the same requirements
imposed by the Trademarks Act for any other goods. To be
registered as a trademark, among other requirements, the proposed
mark must not be confusing with a mark owned by another party. In
other words, consumers should not mistakenly believe that the
source of two drugs is the same.
