Pharmaceutical Trade Marks - Top Tips

Pharmaceutical products can often attract patent protection.  This affords the owner a monopoly in that product; however, the monopoly will only last a fixed period, after which it is open season for competitors.  Choosing a strong, resilient brand name will help foster brand loyalty and encourage customers to continue purchasing your product even when other (potentially cheaper) products have become available.  Obtaining a trade mark registration for your brand name allows you to stop other businesses cashing in on your brand loyalty/success.  It also affords protection against inferior products tainting your hard-earned brand recognition.

Pharmaceutical trade marks require regulatory approval.  In the UK, the appropriate body is the Medicines and Healthcare Products Regulatory Agency (MHRA).  The MHRA will reject a proposed pharmaceutical brand name if they believe that: (i) consumers will confuse the chosen name with the name of an existing medicine; (ii) the