Can I Trademark a Pharmaceutical?
In terms of trademarks, pharmaceuticals are just like any other products on the market, which means you can absolutely trademark the name, logo, or slogan that you use for the marketing and branding of your company’s pharmaceuticals. Just make sure the name of your pharmaceutical is original and complies with the naming requirements from the Food and Drug Administration (FDA). Likewise, do not use any slogans that may falsely advertise what your company’s pharmaceutical does. Like other trademarks, a registered trademark for your company’s pharmaceutical product prevents competitors (and there are lots of them in the drug industry) from using the registered trademarks in the branding and promotion of their products. However, if you need to protect the formulation of the pharmaceutical itself, you’ll need to look at patent protection rather than trademark protection.
If you are in the process of developing a new pharmaceutical product, contact us today to speak with trademark attorney Eric Norton to discuss the importance of trademarking your pharmaceutical’s name, logo, and slogan.