Other Industrial Rights Print E-mail

DRUG TRADEMARKS

Before naming your drug product it is suggested the similarity search for the trademark name you've thought. Also it is suggested to avoid using a trademark name which you won't be able register.

The trademark names for generic drugs are the words that are usually call attention to the active ingredient of the drug product or derived form the indication of the active ingredient. While selecting trademark name it would be wise to pay attention to the followings in the aspect of safe use of the drug:

  • The product name should not remind different active ingredient or brand name.
  • The name should not call attention to an indication of other drugs.

Furthermore, since the right of determination of the INN names belong to WHO;

  • The INN name should not be directly used as a trademark,
  • The trademarks should not contain the protected prefixes or suffixes.

TRADEMARK APPLICATION (TURKEY)

Make your trademark searches, trademark registration, trademark watch & protect studies with Trademark Attorneys who are registered in Turkish Patent Institute.

  • Register the product name and alternative names if necessary.
  • Register your trademark in the country to which you export.
  • Renew your trademark when the time comes.
  • Protect your trademark. For this purpose, track your trademark applications which are published in TPI Official Trademark Bulletin.
  • Register for the similar names when your trademark is famed.

INTERNATIONAL TRADEMARK APPLICATION

The international registration of the trademarks is performed by Madrid Protocol. The purpose of the system is to provide protection and registration of the trademark in the designated countries with a single application instead of applying to the designated countries one by one.

The international trademark registration has a period of 10 years and renewed after this period.

DESIGN APPLICATION

Design is one of the components which make a product to be distinguished. In the visual aspect, if a product having a distinguishing difference in comparison to its known designs means that novel design has a distinctive property.

The registered designs have a protection for 5 years, wherein it can be renewed for five-year periods to provide protection up to 25 years.

It would be wise to consider that some administration forms such as special tablet shapes; or drug delivery systems such as injectors, inhalation devices; and drug packages may have industrial design registrations and when necessary a design search should be performed similar to a patent search.

PATENT and UTILITY MODEL APPLICATION

An invention is a solution for a technical problem. The inventions which are novel, exceed the state of the art, and industrially applicable are protected by patents.

An invention is not new if it is explained or used before its application date. For an invention to exceed the state of the art, subject matter should not be clearly understood from the state of the art.

The term of patent is 20 years from the filing date of the application and annual fee should be paying every year.

Exceeding the state of art is not a necessary criterion for a utility model. An invention that is new and industrially applicable is an adequate criterion for a utility model.

The term of utility model is 10 years. Utility model protection is not applicable for chemicals, processes and the products obtained by these processes.

EUROPEAN PATENT VALIDATION

If a Europe patent designates Turkey, an application should be filed within 3 months to TPI beginning from the publication of the grant of patent in European Patent Bulletin.

 
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