Introductory Comments Concerning Pharmaceutical Trade-Marks H. T. BONNETT
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Ciba Pharmaceutical Products, Inc., Summit, N. J.
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Comments are given concerning the importance development of pharmaceutical trade-marks.
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T h e importance of names to those working w i t h pharmaceutical and medicinal literature is obvious and requires no comment. A s many as three totally distinct types of names may be applied to a drug. One is the chemical or scientific name which often denotes accurately the structure of the compound. Another name usu ally, but not always, used on drugs is the proprietary name or the trade-mark. A t h i r d is the nonproprietary name, sometimes also referred to as a generic or com mon name. A trade-mark is a name or device adopted and used by a manufacturer or mer chant to designate the goods that he manufactures or sells and to distinguish them from those manufactured or sold by another. The trade-mark functions as an in dication of origin, so that, regardless of whether the purchaser sees the trade-mark i n New Y o r k or San Francisco, the goods are associated w i t h the same proprietor. Trade-marks also function as a guarantee of uniform quality so that from previous experience the customer knows whether to buy—or avoid. A t h i r d function per formed by a trade-mark is that of selling. Through advertising, the mark becomes established i n the mind of the purchaser; it comes to his mind automatically when he is shopping. Trade-marks function also i n providing ready-made markets i n case a manufacturer desires to extend his market to new or allied products to be sold under the same trade-mark. Thus, trade-marks are property representing great investment, and may be of great value. Consequently, the owner does his utmost to establish his trade-mark by every means at his command. The possibility of establishing a " t r a d e - m a r k " is one of several considerations which induce manu facturers to engage i n research for the development of new and improved products. Registering of Trade-Marks
Trade-marks are secured by adoption and use. The creation of pharmaceutical trade-marks requires essentially the same techniques as i n any other industry, so that reference need be made only to a few unique features. One of these is the service provided by the two industry associations, The American D r u g Manufacturers Association and The A m e r i c a n Pharmaceutical Manufacturers Association, b y the operation of a Combined T r a d e - M a r k Bureau w i t h which member firms may reg ister trade-marks. The names are then published and distributed to members, any of which may object i f their own trade-marks are resembled too closely. I n this way, trade-mark searches, i n which there is a large subjective element, are supplemented by the review of many others and an opportunity is provided to iron out differences of opinion on an informal basis w i t h saving of time, effort, money, and good feelings. Developing Trade-Mark Names
In developing trade-marks, i t sometimes is necessary to compromise conflicting points of view. Thus, the advertising and sales people often tend to favor descrip tive o r suggestive names because such names are believed to be established more easily. Names may be suggested resembling the leading product i n the field. The trade-mark attorney does not like a descriptive name because i t is a weak trade-mark. 1
P r e s e n t address, G . D . Searle & C o . , P . O . B o x 5110, Chicago 80, Ill.
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A Key to PHARMACEUTICAL AND MEDICINAL CHEMISTRY LITERATURE Advances in Chemistry; American Chemical Society: Washington, DC, 1956.
BONNETT—PHARMACEUTICAL
TRADE-MARKS
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If the company depends heavily on the medical profession, medical contacts oppose therapeutically suggestive names which the medical profession dislikes. Another factor is the attitude of the American Medical Association which suggests that certain principles be followed, such as conformance to accepted rules of nomenclature. Examples are the " o l " suffix to indicate alcohol or phenol, " i n e " to indicate amine, and so on. Those concerns operating i n international trade t r y to develop names suitable for use i n the various languages. Two instances illustrate a type of hazard en countered. One firm markets a product under the name Privine. It is a good product and has sold well. Probably no adult American reared i n a r u r a l area, once having heard the name, would forget i t and, i n that sense, i t is a good name. Recently this same firm was looking for a trade-mark for its Pyribenzamine nebulizer. Pyribenzamist seemed a very nice name but, i n German, " m i s t " means " m a n u r e . "
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Loss of Trade-Marks
Trade-marks may be lost unless care is used i n their adoption and use. Court decisions have held that, lacking a suitable nonproprietary name, a trade-mark may lose i t s trade-mark status and become a nonproprietary name. Consequently, the trade-mark owner must always create a suitable name which can be dedicated to the free use of the public. In this respect, the pharmaceutical industry does not differ f r o m others but, i n this industry, agencies such as the American Medical Associa tion, the various pharmacopeia commissions, and the W o r l d Health Organization take an active interest i n selection and use of nonproprietary names. Improper use of trade-marks also may result i n damage to trade-mark status of a mark, and f o r this reason, trade-mark owners are sensitive to improper use. Trade-marks are proper nouns, a point which should be borne i n mind by authors of scientific papers. While formerly trade-marks did not appear i n the Journal of the American Medical Association, now they not only appear, but are marked as trade-marks. Those dealing i n international trade may encounter difficulty because the pharmacopeia commissions i n various countries select different official nonproprietary names. Confusion and added expense are caused by the duplication i n labels, car tons, and promotional literature. A g a i n , i n international trade, the trade-mark owner faces the problem of p i r a t i n g i n some countries wherein the first to register controls the name. A United States manufacturer may find both his trade-mark and the nonproprietary name registered i n such countries. The trade-mark owner does his best to establish his trade-mark. In this effort some opposing pressures may be faced—for example, the medical profession looks w i t h disfavor on the multiplicity of trade-marks for a given product because of the difficulty of remembering them, and the retail druggist dislikes a large number be cause i t increases his inventory. Some merit exists i n this c r i t i c i s m — f o r example, recently, i n making a search, approximately 50 names beginning w i t h the syllables " C o r " and " C o r t " were encountered. Conclusion
Those i n the pharmaceutical industry who are concerned w i t h " t r a d e - m a r k s " would make two requests, that writers i n the scientific literature treat trade-marks as proper E n g l i s h words—e.g., by capitalization—and that those coining t r i v i a l names which eventually may become nonproprietary names make a search i n order to avoid close s i m i l a r i t y w i t h either trade-marks or other nonproprietary names. RECEIVED
September
13,
1954.
A Key to PHARMACEUTICAL AND MEDICINAL CHEMISTRY LITERATURE Advances in Chemistry; American Chemical Society: Washington, DC, 1956.
