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ARTICLE · 15 APRIL 2025

How The Thin Line Between Generic And Unique Terms Challenge Pharmaceutical Trademark Boundaries

Khurana & Khurana, Advocates and IP Attorneys
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Pharmaceutical companies invest billions in developing and marketing drugs, while supporting the rigorous testing and regulatory approval processes required to ensure safety and efficacy of these life-saving therapies.

IndiaIntellectual Property

Pharmaceutical companies invest billions in developing and marketing drugs, while supporting the rigorous testing and regulatory approval processes required to ensure safety and efficacy of these life-saving therapies. In 2023, the pharmaceuticals industry spending exceeded 300 billion U.S. dollars globally for research and development.1 In this context, trademarks are incredibly valuable, enabling pharmaceutical businesses to use distinctive symbols or markings that help their recognition and maintain a competitive edge in the market.2 Any chance for error or mistake in a medicine's nomenclature, such as identical sound or resembling names or any similarity in trade style, packaging, etc., might affect a patient's purchasing decision, whereas the purchase of the wrong drug can be fatal3. Therefore, these trademarks not only encapsulate brand identity but also foster consumer trust and ensure legal protections that underpin market exclusivity.

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