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Drug Name Headaches: A Prescription For The Trademark Lawyer

Journal of Intellectual Property Law & Practice
August 2007

Related Professionals: Heavner, B. Brett

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This article, authored by Brett Heavner of Finnegan, discusses how the selection and subsequent registration of pharmaceutical trademarks has developed into a subgroup of trademark practice, addressing a combination of issues that are not found elsewhere in trademark legal practice.  In particular, he notes the trademark lawyer must consider certain specific FDA factors in all phases of the trademark counseling process, including selecting the mark, clearing it, and seeking to establish protection.