medicinal products

Brand use in the product development phase? – Boswelan

Brand use in the product development phase? – Boswelan

A common way for a company to get rid of troublesome trade mark registrations by a potential competitor is to file for cancellation on the basis of non-use. This situation can prove particularly dangerous for companies that are in the process of developing the product for which the mark is intended. In such cases, how can genuine use of the mark be demonstrated in the product development phase? Alternatively, when is non-use justified so that the trade mark cannot be cancelled? This issue is relevant not only to new trade mark applications, but also to the acquisition of existing trade marks for a future product.

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Badly thought-out list of goods? – Gufic

Badly thought-out list of goods? – Gufic

Are there any issues to consider when drawing up a list of goods that a trade mark is intended to cover? Surely cosmetics are cosmetics! Food supplements are food supplements! And medicines are just medicines! If a trade mark is genuinely used for these products, could it still be subject to revocation on the grounds of non-use in relation to a different classification of goods?… For example, if the use of a mark for food supplements is in fact a use for pharmaceuticals? Ensure you consider carefully the list of goods covered by your trade mark!

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Damage caused by defects in ‘suggestive’ mark – CYSTUS

Damage caused by defects in ‘suggestive’ mark – CYSTUS

A ‘brand that speaks for itself’ is the gold standard of brand development. Such a ‘suggestive’ mark communicates its message from the outset, simply, without the need for elaborate content. Very often, however, such brand words consist only of slightly modified descriptions of the products encompassed by the brand – and this can indicate trouble further down the line.

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