A Prescription for Proving Use of Trademarks for Drug Names in the U.S. by Peter S. Sloane and Angela M. Martucci is available on BNA's Patent, Trademark & Copyright Journal.
Pharmaceutical companies regularly file trademark
applications for
drugs awaiting FDA approval. The applicant and/or registrant must claim use
of the mark in U.S. commerce to obtain or retain registration. The problem lies in drugs that are still awaiting FDA approval are, by
definition, not yet marketed or sold to the consuming public. Thus,
proving use of the mark may be problematic in those circumstances and the FDA approval process lengthy.
In order to constitute use, the applicant or registrant must make a "bona fide use of the mark in the ordinary course of trade." What is the ordinary course of trade for the pharmaceutical industry? Read more on BNA's Patent, Trademark & Copyright Journal site.
http://0-news.bna.com.cardcatalog.piercelaw.edu/ptln/
Access to this information is available to authorized library patrons, including current students, faculty and staff. Remote access is available with a current ID card.
In order to constitute use, the applicant or registrant must make a "bona fide use of the mark in the ordinary course of trade." What is the ordinary course of trade for the pharmaceutical industry? Read more on BNA's Patent, Trademark & Copyright Journal site.
http://0-news.bna.com.cardcatalog.piercelaw.edu/ptln/
Access to this information is available to authorized library patrons, including current students, faculty and staff. Remote access is available with a current ID card.
