Advice You - Business

Logos play an important part in marketing and brand recognition. Take, for example, Nike’s “Swoosh,” Mercedes-Benz’s “Star,” or Target’s “Bullseye.” These logos have become immediately recognizable as identifying the source of particular goods and services. Typically, companies will invest a lot

According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product

of capital developing a flashy or eye-catching logo in order to build strong brand recognition. However, in building this brand recognition, companies, especially small businesses, may sometimes overlook the importance of protecting their logos through the trademark registration process.

Many tr

; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.

Examples of combination products may in

ademark applications are filed using simple word marks in a standard character drawing. The standard character form is appropriate when the applicant wishes to register a mark that consists only of one or more words, letters, numbers, common forms of punctuation, or combinations of any of these e

lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.

lements, without any particular stylization. On the other hand, a trademark application for a logo cannot be filed using a standard character drawing. Instead, a special form drawing must be used. Special form drawings are required if the mark includes a two or three dimensional design, color, or

here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe

words, letters, or numbers in a stylized form. Despite the fact that different drawing forms are required, a logo may be registered as a trademark just as easily as a word mark.

Another difference between logos and word marks becomes readily apparent when conducting a trademark search. Word mar

d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.

Combination pro

s may be easily searched by keyword to locate marks that are the same as or similar to the mark being searched. But how does one search for a logo, especially if the logo does not contain words? The answer lies in the design codes.

The United States Patent & Trademark Office (USPTO) maintains a

ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc

searchable design mark database. Trademarks that only contain standard characters, type print, block or stylized lettering are not coded because they do not include design elements. However, if a trademark registration or application does contain a design element, then the mark gets coded based u

easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi

pon the particular designs featured in the mark.

The design search code is a numerical classification index that codifies design elements into categories, divisions, and sections. There are currently twenty-nine categories ranging from celestial bodies, natural phenomena, and geographical maps (

nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically

category 1) to arms, ammunition, and armor (category 24). Each design element in a specific category is given a six-digit number, with the first two numbers indicating the category, the second group of two-digit numbers representing the division, and the last group of two-digit numbers indicating

and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ

the section. For example, the Mercedes-Benz “Star” is coded as 01.01.01, which represents celestial bodies, natural phenomena, and geographical maps (category 01); stars, comets (division 01); and stars with three points (section 01).

Using the design codes, a search can be performed to review

ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi

ll designs with a particular design element, or all designs which incorporate a combination of design elements. For example, if you wanted to review all the designs featuring a cat wearing a top hat, you would enter the design codes for domestic cats (03.01.04) and top hats (09.05.02).

Although

ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.

Following aspects would a

the methods of searching for a word mark are different from that of a logo, the examination process for each type of mark is very much the same. One of the main issues considered by the examining attorney is whether an applicant’s mark would create a likelihood of confusion with any registered or

dd to the challenges in developing combination products:

Which markets to tap where the combination products can do fairly well?
Which combination prod

pending marks. The examining attorney searches registered trademarks and pending trademark applications for marks substantially similar to the applicant’s mark as to be likely to cause confusion as to the source of the goods or services. If the examining attorney discovers any such confusingly s

cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin

imilar marks, applicant’s mark will be refused registration.

Similarity between word marks is found by comparing the appearance, sound, and meaning of the applicant’s mark and the cited marks. A finding of similarity as to any one of the above factors may be sufficient to support a refusal based

tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen

upon a likelihood of confusion. With logos, the question of the similarity of the marks is determined primarily on the basis of their visual similarity. However, if the logo contains words, greater weight is often given to the word portion of the mark. On the other hand, if the words are merely

t?

As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel

escriptive or generic, the design portion of the mark would be given greater weight. That being said, the mark, whether a word mark, logo, or combination logo-word mark, must be viewed as a whole, and each case turns on its own facts.

A memorable or flashy logo can go a long way in helping build

ping new procedures for reviewing their safety, efficacy and quality.

Professional from academic institutions, pharmaceutical industries, health care indust

strong brand recognition. New businesses or existing businesses that use logos to mark their goods or services should take the required steps to protect such valuable assets. Having a trademark search performed can help determine whether the logo is available for use and registration. It is advi

y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products

sable to conduct a search as early as possible to prevent spending thousands of dollars developing and promoting the logo only to find that a confusingly similar logo already exists. If the search results are favorable, the next step towards gaining trademark protection for your logo is filing a

.

As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de

trademark application with the USPTO. If your logo ultimately registers, you will receive all the rights and benefits associated with federal trademark registration.

© 2006, Gallagher & Dawsey Co., LPA December 2006

DISCLAIMER

We hope you understand that a brief article cannot provide accurat

elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.

Companies that provide selfless information through particip

e legal advice. Accordingly, nothing in the above is intended as specific legal advice to any person. Such legal advice can only be given by a qualified practitioner after a careful review of all the individual facts. We urge you to consult us, or another licensed professional, before you proceed

tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products

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