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New Challenges for Pharmaceutical Industry regarding Trademark

New Challenges for Pharmaceutical Industry regarding Trademark

As we know an industry deals with the processing of raw materials and manufacture of goods. Industries are of specialized nature, there are various industries dealing with various kinds of products. One of which is pharmaceutical industry, that deals with the production and marketing of medicines and allied products, used for health care. Some pharma companies deal with generic or non-exclusive medicines and some deals with medicines prescribed for fatal or rare ailments. Pharma industry is considered to be the most sensitive industry as it directly deals with human health.

Pharmaceutical industries in India are on speedy move to cater the need of a large number of the population within the country as well as across the globe. To create a distinctive trademark and to adopt such distinctive trademark for the business in the pharma industry, a trademark attorney is a right person to be contacted or the guidelines provided by the Trade Mark lawyer in India should be followed.  The trademark distinguishes the goods that deserve to be protected on certain grounds, amongst the mass. Trademark plays the key role in the pharma industry. To deal with such important issues related to trademark, Trade Mark Lawyer in India takes an important role.

Most of the pharmaceutical companies manufacture generic or non-exclusive medicines in India, barring a few high-end pharma companies that specialize in medicines used in rare and critical cases and hence the need of trademark prevails. Abundant availability of medicines and pharmaceutical products made it confusing for the medical practitioners regarding which to prescribe. Nowadays, doctors prescribe only those pharma products that are trademarked or has a huge reliable usage in the consumer market.

New challenges are faced by pharma industries regarding its trademark and patent issues, not only in India but in other parts of the world. Medicines are claimed to make us better whereas its trademark registration is causing a headache. Pharma companies dealing with medicines of a general category are more likely to get their product a trademark since those medicines are prescribed in a day-to-day basis and without an identification, it will cost its existence in the market. And thus, trademark lawyers in India are approached to help their clients in registration and for infringement of an established trademark. The process for registering a trademark is itself very tedious, hence trademark lawyers are approached for their expertise in this field. Trademark attorney aids to choose an apt. trademark and thus reducing the chances of rejection of the application. After the application so filed, it is the duty of the entrusted trademark lawyer to receive, reply to or to perform any further proceeding as required.

The approval of trademark registration has become tough due to the increasing competition in the manufacturer market. Here, the trademark attorney’s duty is to provide steady and expert assistance from choosing of the trademark to its registration to the approval of one’s own registered trademark.

Again, on the contradictory basis, if a company does not have a registered trademark and is marketing its product, it will face obstruction if there is an existing product with a near similar trademark. If so, the owner had to face a tedious process of litigation which will hinder his company growth. Thus, it is best for an owner of such unregistered product to appoint a legal trademark practitioner i.e trademark lawyer to be guided through such litigation. Appointing a trademark lawyer will not only make it easy to go through the litigation process for the owner but will also aid him to acquire a distinctive registered trademark in the end. Without a legal advisor and having no knowledge about trademark will attract all his attention towards the litigation process leaving his company in an utter mess which will make the growth rate of his company slower, encouraging his company to drift away from success.

At the end, we can say getting a registered trademark is very essential and so the appointment of trademark lawyers for their expertise in this field of law.

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