Trademark availability and registrability searches for pharmaceuticals
Before launching a brand to the market, it is important to consider the ability to use the name without infringing others and the ability to register the name as a trademark. This is especially important with pharmaceutical trademarks, as the trademarks have to be accepted by not only the local Trademark Office but also the relevant Medical Products Agency.
In this case, we assisted an international pharmaceutical company with clearance searches and analysis in the Nordics for 11 pharmaceutical trademarks.
Our task was to conduct searches in Sweden, Norway, Denmark and Finland regarding both availability and registrability, for all 11 potential trademarks in a number of defined relevant trademark classes. This task included searches in relevant registers of trademarks and trade names as well as pharma in-use. The search results consisted of existing trademarks and trade names with different levels of similarity.
With the search results in hand, our trademark attorneys analysed the results and made legal assessments determining the risk of potential infringements. Our Life Science experts also made assessments on registrability, taking into consideration local praxis for both trademarks at the Trademark Office as well as regulatory matters at the Medical Products Agency.
The result of our searches and analyses was presented to the client in a written report containing all legal assessments and a complete list of search results.
In our written rapport, we strongly recommended against one of the trademarks in one suggested class in all four countries, due to existing rights. Apart from that, our analysis was the potential trademarks were good. Very few substantial threats were found, and therefore registrability and availability were considered good. The client could then make a well-founded decision regarding the potential trademarks in the Nordics.
With our in-house search and monitoring department, we have great experience in conducting searches like these. In this specific case.
"With our in-house search and monitoring department, we have great experience in conducting searches like these"