PHARMA BRAND MANAGEMENT

NishantKewalramani

AGENDA

Choosing a Pharma Brand name

Protection strategy

Adjudging Infringement for Pharma Brands

Trade Dress

WHAT IS A TRADEMARK

A mark

Capable of being represented graphically

Capable of distinguishing the goods and services of one person from another

Word, phrase, logo, signature…

THINK OUT OF THE BOX

Shape

Color Combination

Taste

Apresazide

CHOOSING A MARK- THE PROTECTION LADDER

• Fanciful• Arbitrary• Suggestive• Descriptive• Generic

PROTECTION STRATEGY Word marks offer broadest protection

Logos ensure better connection with consumers and easy recognition of brand

Black & white logo ensures broad protection over all color combinations

Colored logo- closer association towards building a stronger brand

Filing in allied classes

ADJUDGING INFRINGEMENT

Meronem (Astrazeneca)

Meromer (Orchid Chemicals)

Derived from chemical name Meropenem

-em and –er are common suffixes in the pharma industry

Falcigo

Falcitab

Schedule L Drugs

Bought by only hospitals and clinics

No Confusion

Niftran (Ranbaxy)

Niftas (IntasPharma)

Schedule H drugs-

Available only on prescription

Chemist will not cheat the customer

Loprin

Loparin

Both for heart ailments

Preventive versus curative medicine

Loprin taken orally while Loparin intramuscularly injected

No confusion

TRANSBORDER REPUTATION

Ocuflox- worldwide fame, used in more than 15 countries, no existence in India

Ocuflox- used only in India

Doctors well versed with medical literature worldwide

Attend international conferences etc

Transborder reputation, Indian company’s use amounts to infringement

TRADEMARK TO TRADE DRESS

Trade Dress- Visual appearance of a product Size Shape Design Pattern Packaging

Generally acquired distinctiveness.

Increasingly used to differentiate between products.

GLUCON D V. GLUCOSE D

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