Naming pharmaceutical and biologic products presents unique challenges from both trademark and regulatory perspectives. In addition to the traditional marketing goals of trademark selection, companies evaluating names for medications must also consider safety issues, false advertising concerns, and more. Importantly, pharmaceutical trademarks must pass muster not only with the Patent and Trademark Office (PTO), but also with the Food and Drug Administration (FDA). The recent advent of a market for biosimilars presents new questions and challenges.
Julia Huston, Areta Kupchyk and Jenevieve Maerker recently presented a webinar offering guidance to in-house counsel on best practices for pharmaceutical and biologics companies in selecting, vetting, and seeking approval for medication product names.