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Are pharmaceutical trademarks different from other trademarks?
Are pharmaceutical trademarks different from other trademarks?
Dan Symons avatar
Written by Dan Symons
Updated over a week ago

The short answer is yes. 

Pharmaceutical name clearance is considerably more complex and challenging than registering a standard trademark, as in order to be used your name will also need to be approved by the FDA (in the U.S.), the EMA (in Europe), the TPD (part of Health Canada), and by other entities elsewhere. 

This is due primarily to the dual nature of pharmaceutical name clearance, which consists of both a legal (trademark) and pharmaceutical industry regulatory review. While a pharmaceutical name can be deemed available for trademark registration, it is more difficult to determine whether or not a pharmaceutical name is ultimately available for use in the pharma marketplace, as it must be approved to ensure name safety, meet country-specific “look alike-sound alike” rules, and other pharmaceutical industry regulatory factors.

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