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While some individuals choose to hire attorneys to walk them through the process of applying for a trademark, others choose to use a

According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product

trademark research firm, which can cost thousands of dollars less. It is important to remember when hiring someone to do your resear

; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.

Examples of combination products may in

ch that they not only search through Federal and State trademark records for name similarities, but also Common-Law listings.

Many p

lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.

eople are under the impression that they can perform their own comprehensive search utilizing the help of search engines, in addition

here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe

to the United States Patent and Trademark Office (herein referred to as the USPTO). While it is a good idea to become familiar with

d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.

Combination pro

the USPTO website, individuals sometimes believe that the data they collect from this website is truly representative of the tradema

ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc

rked names which are currently being used. The USPTO’s website is never a thorough way to search the name you’re hoping to tradema

easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi

rk! The website is not updated regularly, and in addition to this, you can ONLY search Federal trademark records on

nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically

the USPTO, NOT State trademark records OR Common-Law records!

It is imperative to search Federal and State trademark

and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ

records AND Common-Law records because it is the only way to ensure that your search was done in a comprehensive

ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi

manner. Federal and State trademarks records are looking at businesses that have either a federally registered trademark, or those w

ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.

Following aspects would a

ho have registered a state trademark. When these records are searched, any federal or state trademarks that are either pending or reg

dd to the challenges in developing combination products:

Which markets to tap where the combination products can do fairly well?
Which combination prod

istered will be visible to the researcher. Common-Law records examine those businesses who are in business but not have necessarily

cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin

filed for a Federal or a State trademark. When Common-Law records are searched, thousands upon thousands of newspaper articles, city

tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen

business listings, periodicals, incorporation listings, DBAs, LLCs, etc. are examined for any name similarities. Although such busine

t?

As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel

sses do not have a trademark, they might have "first-use rights" to the name. This could mean that they still have ownership over the

ping new procedures for reviewing their safety, efficacy and quality.

Professional from academic institutions, pharmaceutical industries, health care indust

name within their trade area AND the capacity to take legal recourse if they determine that your name and business is the same, or s

y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products

imilar.

If the research proves clear, the next step is to prepare and file the application. This can be done by anyone; however, the

.

As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de

USPTO is very particular about how the application is prepared, so it's best to leave it to professionals.

Three Steps -- Fe

elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.

Companies that provide selfless information through particip

deral & State trademark search, US National Common-Law search and Application Preparation & Filing – and the Trademark could be YOURS

tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products

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