Can I Trademark a Drug?
As long as we’re talking about over the counter or prescription pharmaceuticals, then yes, you can trademark a drug. In terms of trademarks, pharmaceuticals are just like any other products on the market, which means you can absolutely trademark the name, logo, or slogan that you use for the marketing and branding of your company’s drugs. Just make sure the name of your drug is original and complies with the naming requirements from the Food and Drug Administration (FDA). Likewise, do not use any slogans that may falsely advertise what your company’s pharmaceutical does. Like other trademarks, a registered trademark for your company’s drugs prevents competitors (and there are lots of them in the drug industry) from using the registered trademarks in the branding and promotion of their products. However, if you need to protect the formulation of the pharmaceutical itself, you’ll need to look at patent protection rather than trademark protection.
Now, illicit drugs are a different story. They’re not protected by trademark law and they cannot be registered with the United States Patent and Trademark Office (USPTO). But honestly, if you’re designing new illegal substances, do you really want to be registering your name and contact information with a governmental organization anyway?
If you are in the process of developing a new drug (that is, pharmaceutical product), contact us today to speak with trademark attorney Eric Norton to discuss the importance of trademarking your pharmaceutical’s name, logo, and slogan. If you’re developing a new illicit drug, you may want to find a good criminal defense attorney.