Trademark Litigation Strategies for Pharmaceutical Brands

Every business faces unique trademark challenges depending on the reputation and success of the business and pharmaceutical business is no exemption. Due to high levels of brand recognition, customer trust and goods differentiation, more challenges can be faced by the pharmaceutical brands. It is vitally important for these brands to adopt effective trademark litigation strategies in order to protect their brand name and the valuable assets associated with it.

Jitendra Intellectual Property is an expert IP service provider that helps you protect your trademarks in UAE. We provide a range of IP services including trademark litigation, trademark registration, trademark enforcement and more.

Trademark Litigation Services for Pharmaceutical Brands in UAE

The following are effective trademark litigation strategies for pharmaceutical brands;

Prepare in Advance

• Never launch your brand name without a proper trademark search. Conduct proper research on online platforms, the WIPO database and the UAE trademark office database.
• Consider potential competitors and possible infringers in the market before launching.
• Send warning letters to infringers if you notice any infringing activities.
• Maintain your business licenses and agreements all the time. Renew licences whenever needed.

Litigation Practices

• Assess the likelihood of confusion when dealing with infringement claims.
• Choose a brand name that is not generic. Distinctive marks help protect infringement.
• Defend your trademark against counterclaims. Seek help from expert IP professionals like JIP in this case.
• During trademark litigation, focus on protecting your brand name.

Defend in Court

• • Maintain the distinctiveness of your trademark so that you can prove its validity in court.
  • Maintain and highlight distinctions in services and products.
  • Be able to justify your fair trademark usage.
  • Challenge and counterclaim if you have strong points.

Understand Laws & Legislation

• To deal with cross-border issues, you must have adequate knowledge of internationally accepted trademark laws.
• You must have adequate knowledge of local trademarks and other IP laws and regulations.

Request Compensation

• Make every effort to stop infringing activities.
• Request the court to get you complete compensation for the losses and damages you had to bear.
• Stay Active
• Continuously look into the market and identify potential infringers.
• Maintain distinctive and strong trademarks that are least likely to be copied.
• Employ effective branding solutions to make your brand and its products unique.
• Unite with experts in the field.
• Further Considerations
• Use non-descriptive and unique brand names for your pharmaceutical brand.
• Use different labelling and packaging techniques to maintain uniqueness.
• Stick to compliance and regulations in the UAE.
• Learn to protect your trademark beyond borders.

Common Trademark Litigation Challenges for Pharmaceutical Brands in UAE

The following are potential challenges that a pharmaceutical brand can face;

• Generic product naming in the pharmaceutical industry is common which causes problems.
• Biosimilar products are also common in pharmaceutical businesses leading to litigation issues.
• Trademarks and patents intersect in pharmaceutical businesses which is another challenge.
• Packaging and labeling can’t be very unique in pharmaceutical brands which is another problem to deal with.
• Pharmaceutical brands have to manage volumes of documentation.
• Pharmaceutical brands have to face these challenges both locally and globally if they trade beyond borders.
• Trademark litigation becomes sometimes a costly and lengthy process for such brands.

All these challenges can be tackled seamlessly by having the right IP professionals at your back.

Why Choose Jitendra Intellectual Property?

JIP helps you safeguard your valuable IP assets in the UAE and allows you to enjoy your rights fully without worrying about infringement issues. Our trademark litigation and enforcement services are the best of their kind with years of experience. Our expert IP service providers can teach you effective strategies that you can employ to avoid trademark litigation in the UAE.