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trademark registration in india

Pharmaceutical Brand Registration


Intellectual property is a Pharmaceutical company’s most valuable asset, and IP protection is essential to the success of Pharmaceutical and Pharmaceutical outsourcing industry. In Intellectual property rights Trademark protection has important status and it has significance in Pharmaceutical company.

A Trademark is a visual symbol in the form of a word, a device, or a label applied to articles of commerce with a view to indicate to the purchasing public that is a good manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons.

Trademark protection applies to words, short sentences, and symbols that manufacturers use to identify and distinguish their products from those of others. The name of Pharmaceutical companies and their Pharmaceutical products are invariable trademarked.

What are the benefits of Pharmaceutical Brand Registration in India?

Pharmaceutical Brand Registration helps the consumers to identify and purchase a Pharmaceutical Brand because of its nature and quality, indicated by its unique Pharmaceutical Brand, to meet their needs. By registering a Pharmaceutical Brand, the owner of the Pharmaceutical Brand protects the goodwill of the Pharmaceutical business. Hence, the Pharmaceutical Brand Registration contributes to the commercial value of the Pharmaceutical Brand to which it is applied, and increases the marketability.

The registered owner of a Pharmaceutical Brand receives the presumptive right of the Pharmaceutical Brand owner to use the registered Pharmaceutical Brand and can indicate it by using the Trademark symbol or ® in relation of those Pharmaceutical Brands for which the owner has registered the Pharmaceutical Brand. The registered Pharmaceutical Brand Name owner can stop other traders from using his Pharmaceutical Brand unlawfully. The registered owner of a brand can sue other traders for recovery of profits, damages and costs in case of Trademark infringement. Pharmaceutical Brand Registration under Trademark Act provides the guarantee for the unchanged quality and helps in creating and advertising the Pharmaceutical goods and services in public.

It serves as a constructive notice in general public about the ownership claim of the Trademark of a Pharmaceutical Brand. Registration of Pharmaceutical Brands in India can be used as a basis of registration of Trademark in other countries.

What Pharmaceutical Brands are registrable in India?

All Pharmaceutical Brands used in the trade are not registrable. The trademark law does not provide for the registration of all Pharmaceutical Brands used in trade and business. Pharmaceutical Brands those satisfy certain requirements are only registrable. Therefore a Pharmaceutical Brand which satisfies the prescribed requirements could be registered. Here it is very pertinent to know the requirements that a Pharmaceutical Brand should satisfy for registration. The requirements that a Pharmaceutical Brand should satisfy are as follows:-

1. The Pharmaceutical Brand should be capable of being represented graphically.

2. The Pharmaceutical Brand should be capable of distinguishing the Pharmaceutical Products of one from those of others.

3. The Pharmaceutical Brand must be used in relation to Pharmaceutical Products for the purpose of indicating or so as to indicate a connection in the course of trade between the Pharmaceutical Products.

What Pharmaceutical Brands are not registrable in India?

Certain Pharmaceutical Brands are not registrable either in the public interest or due to the prohibition of such Pharmaceutical Brands from registration in India under the statute for various reasons. The following Pharmaceutical Brands are accordingly not registrable.

1 Pharmaceutical Brands that contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;

2. Pharmaceutical Brands that comprises or contains scandalous or obscene matter;

3. Pharmaceutical Brands which has the nature as to deceive the public or cause confusion;

4. Pharmaceutical Brands prohibited under the Emblems and Name (prevention of Improper use) Act, 1950;

5. Pharmaceutical Brands consisting exclusively the shape of goods which results from the nature of the goods themselves;

6. Pharmaceutical Brands containing the shape of goods which is necessary to obtain a technical result or the shape, which gives substantial value to the Pharmaceutical Products.

What are the grounds for refusal of Pharmaceutical Brand registration in India?

According to the Trademark law grounds for refusal for Pharmaceutical Brand registration in India can be divided into two headings as absolute grounds and relative grounds. The following grounds are considered as grounds for the refusal of the registration of a Pharmaceutical Brand in India.

Absolute grounds for refusal of Pharmaceutical Brand registration in India are:

1. Pharmaceutical Brands devoid of any distinctive character or not capable of distinguishing the goods or services of one person from those of others.

2. Pharmaceutical Brands which indicates quality or other descriptive character of the Pharmaceutical Products.

3. Pharmaceutical Brands which have become customary in the current language or in the bona-fide or established practice of the trade.

4. Pharmaceutical Brands to the trade or generic names or marks common, chemical names and international non-proprietary names.

5. Pharmaceutical Brands likely deceive public or cause confusion.

6. Pharmaceutical Brands comprising scandalous or obscene matter or likely to hurt religious susceptibilities of any class or section of the citizens in India.

7. Pharmaceutical Brands prohibited under Emblems and Names (Prevention of Improper Use) Act, 1950.

8. Pharmaceutical Brands shape of which results from the nature of the goods themselves.

9. Pharmaceutical Brands the shape of which is necessary to obtain a technical result.

10. Pharmaceutical Brands the shape of which gives substantial value of the Pharmaceutical Products.

Relative grounds for refusal of Pharmaceutical Brand registration in India are:

1. Pharmaceutical Brands which are identical or similar to an earlier Trademark and the respective Pharmaceutical Products are identical or similar.

2. Pharmaceutical Brand which are identical or similar to an earlier Pharmaceutical Brand Name, but the goods or services are not similar. The question of refusal of registration of a Pharmaceutical Brand Name similar to an earlier Pharmaceutical Brand Name where the Pharmaceutical Products are different can be considered only in opposition proceedings.

3. Pharmaceutical Brands under passing off or law of copyright.

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