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Actual - Trademark Your Business - Lessons Learned
Small business owners learn many lessons the hard way - through
the school of hard knocks. I recently experienced my own tough
lesson concerning the importance trademarking my business name.
Like many solo-entr
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
epreneurs on a tight budget, the thought of
trademarking my business name was not high on my priority list.
Had I placed more importance on it, I might have saved myself
some anxious moments, not to mention a f
; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.
Examples of combination products may in
Examples of combination products may in
ew hundred dollars in
attorney fees!
As a member of a couple different virtual assistant membership organizations, I often look with interest at other VA's business names and website URL's. One day I noticed a
As a member of a couple different virtual assistant membership organizations, I often look with interest at other VA's business names and website URL's. One day I noticed a
lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.
new member
announcement for one of the groups and saw a listing for VA
Office Solutions. Now this one hit a little too close to home for me - after all, my business name is VA Office Solution. I also noticed th
here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe
t she had a domain name to match.
Have you figured out my first mistake yet? I could have kicked myself for not purchasing the domain name, http://www.vaofficesolutions.com, which is so close to my own domain
Have you figured out my first mistake yet? I could have kicked myself for not purchasing the domain name, http://www.vaofficesolutions.com, which is so close to my own domain
d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.
Combination pro
Combination pro
name of www.vaofficesolution.com. After all, even some of
my own clients inadvertently add an "s" to the end of my business name in correspondence. I certainly didn't want people to look for my business on the In
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
ternet, and mistakenly find this other website! This could potentially be very confusing for both of us, especially considering we both operate similar businesses and conduct our business virtually, working with p
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
ople all over the country.
Well the first thing I did was a little research on this domain name. I was able to find the owner and saw that the name had only recently been purchased, and had only been purchased f
Well the first thing I did was a little research on this domain name. I was able to find the owner and saw that the name had only recently been purchased, and had only been purchased f
nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically
or a one year period. This indicated to me that this was a new business, and she had only just started using this name.
Then next step was to get some legal advice. I had met an attorney who specializes in trade
Then next step was to get some legal advice. I had met an attorney who specializes in trade
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
mark law at a networking event
so I gave her a call and asked to meet with her. I learned that I definitely had a good case, as I'd been using the trademark since 2001. Even though I had not formally registered t
ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi
e trademark with the USPTO (U.S. Patent and Trademark Office), I still had first use of the trademark, which gives me certain rights.
After meeting with the attorney, I decided that my first step should be filin
After meeting with the attorney, I decided that my first step should be filin
ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.
Following aspects would a
Following aspects would a
g my trademark with the USPTO (http://www.uspto.gov). Now this is something that I could do
myself, without paying an attorney, but taking into consideration my own time constraints and her expertise, I decided t
dd to the challenges in developing combination products:
Which markets to tap where the combination products can do fairly well?
Which combination prod
Which markets to tap where the combination products can do fairly well?
Which combination prod
o let her handle it for me. Also, since there would need to be a letter drafted to the trademark infringer after my trademark had been filed, I just felt more comfortable letting my attorney draft a letter that wo
cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin
uld be effective enough to get the infringer to stop using the trademark and take the website down.
So how did it all end? Well I got my trademark registered and we sent the letter to the trademark infringer. Sh
So how did it all end? Well I got my trademark registered and we sent the letter to the trademark infringer. Sh
tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen
What would be the developing cost?
How to tackle the risks encountered during combination product developmen
agreed to stop
using the trademark and took the website down. All in all, the
entire process took about three months. I feel very lucky though, as I was able to find this infringer very soon after she opened he
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
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
r doors for business. By getting it done quickly, it should not have been devastating to her business and did not have an apparent affect on my business.
So what should you consider when deciding if you should tr
So what should you consider when deciding if you should tr
ping new procedures for reviewing their safety, efficacy and quality.
Professional from academic institutions, pharmaceutical industries, health care indust
Professional from academic institutions, pharmaceutical industries, health care indust
ademark your business name? First you should conduct some research to make sure you're not infringing on someone else's trademark. You may be forced to stop using it if that's the case. If you decide to trademark
y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products
our business name, then you must be prepared to enforce your mark. If you allow others to use the mark, then you can face abandonment and risk losing your own trademark. You should also consider the domain name is
.
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
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
sue. Do not make the mistake I did and let someone else snatch up a domain name that matches your trademark.
Be sure to visit the U.S. Patent and Trademark office at http://www.uspto.gov, and then visit my attor
Be sure to visit the U.S. Patent and Trademark office at http://www.uspto.gov, and then visit my attor
elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.
Companies that provide selfless information through particip
Companies that provide selfless information through particip
ney Heidi Pliam's
trademark website, Trademark Edge, at http://www.trademarkedge.com. And if you're looking for a good
trademark attorney, be sure to give Heidi a call! Her contact
information is on the website
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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