The TM Approach

# Trademark. Manage.

A pharmaceutical brand moves through different stages of risk and value.

Before Launch

Create → Clear → Protect

After Growth

Maintain → Monitor → Defend → Manage

T Trademark
Brand Creation Clearance Protection Growth
M Manage
Monitor Defend Commercialise

Before launch, the challenge is selecting a name worth building and securing the appropriate rights around it.

As the brand grows, the challenge becomes maintaining, monitoring, defending and commercially managing what has been built.

The TM Approach connects both sides of that lifecycle.
T

Trademark

## Build the Right Trademark.

For us, trademark work begins before the application.

It begins when a pharmaceutical business is deciding what its next brand should be.

The objective is not simply to obtain an application number. It is to help the business move from a proposed name to a brand capable of being protected and built upon.

01

Pharmaceutical Brand Creation

## A Name Can Be Created in Seconds. A Brand May Have to Live for Decades.

Pharmaceutical naming is crowded.

The strongest name is not necessarily the cleverest one. It is a name that can work commercially while providing a meaningful basis for differentiation and trademark protection.

Process

Understand Define Naming Territories Create Preliminary Screen Shortlist Clear Recommend

Capabilities

Product Naming

- Pharmaceutical Product Naming
- Nutraceutical Naming
- Veterinary Product Naming
- Ayurvedic & Herbal Naming
- Derma & Cosmetic Naming

Business Naming

- House-Mark Creation
- Corporate & Division Naming

Portfolio Naming

- Product-Family Naming
- Export Brand Naming

Brand Strategy

- Brand Architecture
- Brand Extension Strategy

> Creation and clearance belong together.

A name should not become everyone's favourite before anyone checks whether the business can protect it.

02

Search & Brand Clearance

## Clear Before You Commit.

The objective of pharmaceutical trademark clearance is not merely to find identical marks.

It is to understand the trademark environment around the proposed brand and assess material risks before adoption.

What we review

Similarity

- Identical & Near-Identical Marks
- Phonetic Similarity
- Visual & Structural Similarity
- Dominant & Essential Features

Trademark Structure

- Prefix & Suffix Patterns
- Common Pharmaceutical Elements
- Relevant Classes & Goods

Market

- Therapeutic & Product Proximity
- Prescription & Market Context
- Existing Market Use

Legal Risk

- Earlier Trademark Rights
- Examination Risk
- Opposition Risk
- Overall Adoption Risk

### The question is not simply “Can we file it?” It is “Should the business adopt it?”

Where appropriate, shortlisted brands may be assessed according to relative risk, accompanied by observations explaining the material considerations affecting each candidate.

No trademark search can eliminate uncertainty. Good clearance helps identify risks before the business commits to the brand.

### Pharma Names Don't Exist Only on Paper.

DoctorWrites it⟶Medical RepresentativeSpeaks it⟶PharmacistHears it⟶PatientRemembers it⟶Pharmacy CounterReceives it verbally

A pharmaceutical name may be written by a doctor, spoken by a medical representative, heard by a pharmacist, remembered by a patient or requested verbally across a pharmacy counter.

The practical environment in which a name operates can matter when similarity is evaluated.

03

Filing & Prosecution

## Protect What You Decide to Build.

Once a business decides to proceed with a brand, protection should reflect how that brand is intended to be used.

- Trademark Applications
- Word Marks
- Logos & Device Marks
- Class Strategy
- Goods & Services Descriptions
- User Claims
- Multi-Class Applications
- Examination Report Responses
- Supporting Evidence
- Show-Cause Hearings
- Registration
- Renewals & Post-Registration Recordals

04

Brand Architecture

## House Mark. Division. Product Mark. Variant.

Pharmaceutical businesses frequently operate several layers of brand identity.

Corporate Identity House Mark Division Product Brand Product Extension

Protecting one product name does not necessarily protect the architecture surrounding it. Trademark strategy should consider how those layers work together.

05

International Protection

## Your Product Can Travel. Your Trademark Rights May Not.

Trademark rights are territorial. A brand protected in India may be unavailable, vulnerable or already owned by another party elsewhere.

For pharmaceutical exporters, international trademark planning should ideally begin before significant resources are committed to a new market.

- International Trademark Clearance
- Madrid Protocol Strategy
- International Applications
- Direct National Filings Through Foreign Associates
- WIPO Coordination
- Foreign Office-Action Coordination
- International Renewals
- Multi-Country Trademark Strategy

Clear Protect Contract Monitor

International expansion is not merely a filing question. It is also an ownership question.

Strategic Next Step

Ready to build on
the right foundation?

Move forward with a clear, defensible trademark strategy.
→ Discuss Trademark Protection
M

Manage

## Manage the Trademark as an Asset.

Registration changes the nature of the trademark problem.

The question is no longer only how to obtain rights. It becomes how to maintain them, understand them, monitor the space around them, defend them and manage them as the business evolves.

Portfolio Audit

## You Cannot
Manage What
You Cannot See.

Before a portfolio can be managed properly, the business needs to understand what is actually inside it.

Audit may include

- Registered Trademarks
- Pending Applications
- Examination Matters
- Oppositions & Disputes
- Upcoming Renewals
- Abandoned Applications
- Ownership Discrepancies
- Unrecorded Assignments
- Brands Being Used Without Adequate Protection
- Inactive & Legacy Marks
- Class-Coverage Gaps
- House-Mark & Product-Mark Structure
- International Protection Gaps
- Licensing & Ownership Arrangements

The objective is to turn a collection of trademark records into useful management information.

02

Portfolio Management

## Maintain Clarity as the Portfolio Grows.

- Centralised Portfolio Tracking
- Renewal Management
- Deadline Management
- Ownership Records
- Assignment Recordals
- Change-of-Name & Address Recordals
- Proceeding Tracking
- Portfolio Rationalisation
- Protection-Gap Review
- Management Reporting
- Ongoing Trademark Coordination

> Never let an important brand disappear because a deadline did.

03

Trademark Watch

## Registration Protects the Right. Monitoring Protects the Space Around It.

New trademark applications enter the register continuously. Most will not matter to your business. Some will.

A focused watch programme helps identify potentially significant conflicts while there may still be an opportunity to respond early.

- Similar-Mark Monitoring
- Portfolio-Specific Watch
- Competitor Trademark Monitoring
- Conflicting Application Alerts
- Preliminary Conflict Review
- Recommended Next-Step Assessment

> The objective is not to create noise. It is to identify what deserves attention.

04

Opposition & Enforcement

## When Someone Comes Too Close.

A trademark dispute cannot be assessed simply by placing two names next to each other.

The strength of the marks, history of use, nature of the products, market circumstances and commercial importance of the brand may all matter.

Not every similarity requires litigation. But important brands should not be weakened through avoidable inaction.

- Trademark Oppositions
- Defence of Opposed Applications
- Counter-Statements
- Evidence Proceedings
- Rectification & Cancellation
- Cease-and-Desist Communications
- Negotiated Resolution
- Coexistence Arrangements
- Online Enforcement Support
- Marketplace Complaints
- Infringement Proceedings
- Litigation Support & Coordination

> Protect the brand without losing sight of the business.

05

Brand Ownership & Commercialisation

## Ownership Should Be Written Before It Needs to Be Argued.

Pharmaceutical businesses frequently operate through layered commercial relationships.

One company may manufacture. Another may market. A PCD partner may control a territory. A distributor may build the market.

Unless the documentation is clear, the commercial relationship can eventually become a trademark problem.

Owner→
Manufacturer→
Marketer→
Distributor

Key questions

- 01Who owns the trademark?
- 02Who may use it?
- 03For what products?
- 04In which territory?
- 05Can the user apply for the trademark?
- 06Can the rights be sublicensed?
- 07What happens when the relationship ends?
- 08What happens to packaging, artwork and promotional material?

Capabilities

- Trademark Assignments
- Trademark Licensing
- Brand-Sale Documentation
- Royalty Arrangements
- Ownership Structuring
- PCD & Franchise Trademark Clauses
- Third-Party Manufacturing Trademark Clauses
- Marketing & Distribution Arrangements
- Export Distributor Trademark Provisions
- Consent Agreements
- Coexistence Agreements

06

Brand Acquisition & Due Diligence

## Before You Buy the Brand, Confirm What You're Buying.

Pharmaceutical transactions may involve individual brands, product portfolios, divisions or entire businesses.

Before value is attributed to a brand, the buyer should understand whether the seller actually owns the rights it proposes to transfer and what risks travel with them.

Due diligence may include

- 01 Proprietorship Verification
- 02 Registration & Application Status
- 03 Chain of Title
- 04 Assignment History
- 05 Renewal Status
- 06 Pending Objections
- 07 Oppositions & Litigation
- 08 Licensing Arrangements
- 09 Encumbrances
- 10 Territorial Coverage
- 11 Protection Gaps
- 12 Use & Ownership Discrepancies

> Decision standardThe purpose is not merely to confirm that a registration exists. It is to determine whether the legal rights support the commercial value attributed to the brand.

Turn trademark records into a managed commercial asset.

Discuss Trademark Management →