Drugs and Cosmetics LitigationsPharmaceutical trademark
Trademarks are one of the most important intellectual property worthy of creating and protecting. With the increase of globalisation, the trademark adopted by the companies must conform to Indian laws as well as international laws and treaties. In India, three types of trademarks have been recognised, i.e. (Word Mark, Device Marks and Composite Marks). The marks that are in use and the proposed mark that is distinct can be registered under the present Act.
It is most necessary that at the time of the search, all precautions should have been taken to avoid opposition to trademark registration. The English proverb “a stitch in time saves nine" perfectly applies to avoid trademark disputes. Mindful and effective search saves companies from further litigation. In the case of pharmaceutical trademarks, it is, although more necessary, that the brand names to be adopted by the companies must satisfy the guidelines given under Cadila Health Care Ltd. Vs. Cadila Pharmaceuticals Ltd. (2001)5SCC73.
MACE has built up the most exhaustive database of brand names from various journals and books dealing with pharmaceutical brands. An in-house system has been developed to search for brand names and produce effective results with practical orientation.
Opposition to trademark registration is another aspect that requires vigilant action. Even if the TM is not registered, the earlier user can file an opposition to the trademark registration by some other party. In the case of a registered trademark, the opposition must be filed to protect the exclusivity of the trademark. Defending opposition filed for trademark registration is another area that requires timely compliance, as every such action has a time limitation.
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