Registering and protecting the pharmaceutical trademarks is imperative for the enhancement of the public health system and the wellbeing of the consumers in the UAE in addition to safeguarding the growth prospects of companies. The health-conscious population of the UAE, which is mainly composed of expats, relies on brands with unique trademarks while buying pharmaceutical products.
The UAE is considered a net importer of pharmaceutical products and many global companies set their foot here by importing medical devices and other pharmaceutical products. Ministry of Health is the competent authority that regulates the import of medical devices and pharmaceutical products in all the emirates in the UAE. The number of clinics and hospitals has witnessed an impressive upsurge in the last decade making the expanding UAE market a hotbed of competition.
Why Should Pharmaceutical Companies Register trademarks in UAE?
1. Trademarks Help Reduce Errors by Professionals
A properly registered trademark is an effective tool in minimising the errors committed by medical professionals while prescribing drugs to consumers. These errors happen due to the existence of other drugs in the UAE market with confusingly similar names. Pharmaceutical products with unique trademarks could reduce the risk of medical professionals prescribing wrong medications to patients.
2. Trademarks Help Consumers Make Right Choices
Consumers often choose their medication by associating with a particular brand with a unique trademark. Consumers think they can trust the brand because of the reputation of the pharmaceutical company in the UAE or the international market. Such consumers won’t easily shift their loyalty to a new brand or another drug with a generic name. Pharmaceutical companies could leverage the advantage of trademark registration by enabling the consumers to recognise their products by their unique trademark.
3. Trademarks Safeguard Companies from Unforeseen Events
Pharmaceutical products could be vulnerable to any unforeseen events in the market. A drug known by its generic name could fall under regulatory radar and the news of it may mention only the generic name. The news might be about a particular manufacturer but other manufacturers who produce the same drug could distinguish themselves from this particular company with the help of a unique trademark.
Another unforeseen event that badly hurt the prospects of pharmaceutical products is the presence of counterfeit drugs known by their generic names. Properly registered trademarks could come to the aid of pharmaceutical companies while moving ahead legally against the counterfeits.
Registering Trademarks as per International Classification
Generally, trademarks in the pharmaceutical sectors need to be registered under Class 05 of the NICE International Classification of trademarks. However, trademarks of certain services related to the pharmaceutical industry could be registered under other related classes known as ‘coordinated classes’.
Class 05
Pharmaceutical companies are required to register their trademarks under Class 05 of the NICE International Classification of Trademarks. Some of the major pharmaceutical goods that can be trademarked under this classification include:
- Pharmaceutical and veterinary preparations
- Sanitary preparations for medical purposes
- Dietetic food and substances adapted for medical or veterinary use
- Food for babies
- Plasters
- Materials for dressings
- Material for stopping teeth
- Dental wax
- Disinfectants
- Preparations for destroying vermin
- Fungicides and herbicides
Class 10
The trademarks of general pharmaceutical can be registered under Class 05 but the instruments related to the pharmaceutical industry must be registered under Class 10. Class 10 includes:
- Surgical
- Medical
- Dental and veterinary apparatus and instruments
- Artificial limbs
- Eyes and teeth
- Orthopedic articles
- Suture materials
Class 44
Class 44 is a major classification of trademarks that is closely related to the pharmaceutical sector. Pharmaceutical trademarks that are related to the services come under this classification. The major services that can be trademarked under Class 44 are:
- Medical services
- Veterinary services
- Hygienic and beauty care for human beings or animals
- Agriculture, horticulture and forestry services
Choose Jitendra Intellectual Property for Registering Pharmaceutical Trademarks
While registering the trademark, pharmaceutical companies are advised to hire the services of certified trademark agents in Dubai, UAE. Jitendra Intellectual Property (JIP) is a full-service Intellectual Property firm with an experienced team of trademark agents who are experts in getting the registered trademark recorded with the UAE trademark office under the Ministry of Economy complying with all the legal requirements. JIP will assist the companies in all the required research and paperwork to ensure that the trademark is smoothly registered with the UAE trademark office. JIP legal consultants will also guide the pharmaceutical companies through the necessary legal process in case any infringement is detected.