Trade Marks and Pharmaceutical Products / LS Law

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2nd May 2021

In our last blog, we looked at the criteria the MHRA use when assessing the name of a medicinal product. However, its trade mark status must also be considered. Trade mark registration affords exclusive rights to use a name for a particular category of goods or services (the class) in which its registered. S1 – Trade Marks Act 1994 sets out the criteria. The name must not be descriptive, general, or confusing with an existing trade mark registered in the same class. Pharmaceutical products fall under class 5. Click here for details of the classes.

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Trade mark protection will continue to apply in the UK for EU trade marks registered before 31.12.20 but for new trade marks, a UK trade mark must be filed with in the UK IPO to obtain UK protection and an EU application for EU protection(1).

Please note, this article doesn’t constitute legal advice. For any queries regarding pharmaceutical trade mark protection or help in making an application, we would love to hear from you – click here

(1) EU trade-mark protection and comparable UK trademarks from 1 January 2021 – GOV.UK (www.gov.uk)

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Trade Marks and Pharmaceutical Products

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