Challenges in Protecting Pharmaceutical Trademarks

Abstract

With this article I intend to provide a study of pharmaceutical trademarks mainly under European Union trademark legislation. Compared to other kinds of trademarks, the pharmaceutical ones present a particular set of legal problems. Among these, I address four specific issues that I consider to be the main challenges for IP stakeholders: i) the relationship between the assessment performed by drug agencies and intellectual property offices; ii) the average consumer criteria for pharmaceutical trademarks; iii) the requirement of use regarding pharmaceutical trademarks; iv) the acquisition of reputation by pharmaceutical trademarks.

Keywords: Trade Marks; Pharmaceutical trademarks; EU Trademark