Role of Trademark in Minimizing Medication Errors

About Authors:
Pradeep Arora, Ashish Chauhan
M.Pharm Pharmaceutical Chemistry
Department of Pharmaceutical Sciences,
Lovely Professional University,
Phagwara, Punjab.

Abstract
Present article enlights the true meaning of trademark and its role in reducing the chances of error in case of self medication due to look alike and sound alike drugs. History and origin of trademark and how the trademark helps the consumers and traders have been discussed in this article. This review article also helps in understanding various products and services for which a trademark can be used.

Reference ID: PHARMATUTOR-ART-1230

Introduction
Trademark is a form of intellectual property which is associated with quality and consumer expectations regarding protection of product and services. Trademark helps in preventing the consumer to take substandard commodity, consumer by identifying the trademark can distinguish one trader from the others. When a trademark is registered a symbol ® is used with the trademark of the product.

Definition
A Trademark may be any word, slogan, symbol, design, a color, smell, configuration of product or a combination of these, used to identify the trader of these particular goods and services. For example ADIDAS is a registered trademark with the United States patent and trademark office (USPTO). This trademark is used to distinguish, the clothes, sports items, shoes from other traders manufacturing similar kind of goods¹.

Origin
In the late 19^th century the first trademark legislation was enacted according to the United Kingdom Government and the first federal trademark legislation was enacted in 1870 in the United States².

Historical development of trademark act in India
Before 1940, there were no protection for trademarks; Different types of enactment like civil and criminal were managing the trademark protection. Offences relating to documents and to property marks were mentioned in Indian penal code 1860 in its chapter XVIII (sections 463 to 489 E) also sections 478 to 489 in the same act informs about property and other marks. The trade and merchandise act was established as the first trade mark act of India established in 1958.
Previously act of 1940 which was enacted by the British rulers following trade mark act of England. The act of 1940 was not applicable to some British Indian states like Hyderabad, Saurashtra, Patiala, Mysore, Kapurthala, and Kolhapur due to the presence of separate legislations. After independence in 1948, for covering whole India, a common legislation was enacted except Jammu & Kashmir. Government of India decided to make the legislation more comprehensive and therefore appointed trade mark enquiry committee to make amendments in the trademarks act 1940. Government also appointed Mr. Justice N. Rajagopale Ayyangar of Madras High Court to judge the report of enquiry committee.
Dr. Venkataswaran, officer on duty (trade-marks, patents, and design) proposed the trade and merchandise marks bill 1958 which was established as trade and merchandise marks act 1958, several amendments have been made after passing of this act. To simplify, Harmonize trademark management system and need to encourage flow of investment and transfer of technology to international level, all necessary adjustments are made and finally trademark act 1999 was enacted³.

Trademark classification⁴
Trademark classification also called as classification of services and goods. The different types of trademarks are divided into 45 classes which helps the trademark examiner in arranging documents in more easy and precise way. Out of 45 classes 34 classes include products and 11 classes include services. The trademark classification is as follows:

CLASS	DESCRIPTION
CLASS 1	Chemical, scientific substances, photography, agriculture, and forestry, resins, unprocessed plastics, manures, composition of fire extinguisher, preservatives, tanning substances, adhesive used in industry.
CLASS 2	Paints, varnishes, lacquers; preservatives against rust, colorants, mordents; raw natural resins; metals in foil and powder form for painters, decorators, printers.
CLASS 3	Laundry use and bleaching preparations, cleaning, polishing, soaps, perfumery, essential oils, cosmetics, lotions, dentifrices.
CLASS 4	Industrial lubricants, oils and greases, dust absorbing, compositions including wetting and binding fuels, illuminants, wicks of candles.
CLASS 5	Pharmaceutical products, preparations of veterinary and sanitation, medical use dietetic substances, food for babies; plasters, dressings materials, stopping teeth material, dental wax, disinfectants, fungicidal, herbicidal.
CLASS 6	metals and their alloys, metal for building materials, railway tracks materials, cables and wires of common metal, small hardware’s of metal, metallic pipes and tubes.
CLASS 7	Machines and their tools, motors and engines, incubators for eggs.
CLASS 8	Hand tools, cutlery, side arms, razors.
CLASS 9	Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus.
CLASS 10	Apparatus and instruments including surgical, medical, dental and veterinary, orthopedic, artificial limbs, eyes and teeth, articles, suture materials.
CLASS 11	Instruments for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary work.
CLASS 12	Vehicles, apparatus for locomotion by land, air or water.
CLASS 13	Firearms, ammunition and projectiles, explosives, fireworks.
CLASS 14	Precious metals and their alloys and goods in precious metals.
CLASS 15	Musical instruments.
CLASS 16	Materials made from paper cardboard, not included in other classes, printed matter, material for bookbinding, photographs, stationery, materials; paint brushes; typewriters, material for teaching excluding apparatus ,plastic packaging material, playing cards, printing blocks.
CLASS 17	Goods made from rubber, gum, asbestos, mica. Packing, stopping and insulating materials; flexible pipes excluding metal pipes.
CLASS 18	Leather materials and the goods mitigating leather, skins of animals, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddler.
CLASS 19	Building materials, excluding metallic, non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
CLASS 20	Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics.
CLASS 21	Utensils and containers of kitchen combs and sponges, brushes (except paints brushes), brush making materials, cleaning articles, steel wool; glassware, porcelain.
CLASS 22	Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags padding and stuffing materials (except of rubber or plastics), raw fibrous textile materials.
CLASS 23	Textiles including yarns and threads.
CLASS 24	Textiles and their goods excluding other classes; bed and table cover.
CLASS 25	Clothing, footwear, headgear.
CLASS 26	Lace and embroidery, ribbons, buttons, hooks and eyes, pins and needles; artificial flowers.
CLASS 27	Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
CLASS 28	Articles of sports including play things excluding other classes; decorating materials for Christmas trees.
CLASS 29	Meat, fish, poultry, meat extracts; preserved fruits, dry fruits and cooked fruits and vegetable, junk food.
CLASS 30	Coffee, tea, cocoa, sugar, rice, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, yeast, baking powder; salt, mustard; vinegar, sauces, (condiments), spices.
CLASS 31	Products of agriculture, horticulture, forestry and grains excluding other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.
CLASS 32	Carbonated waters and other drinks free of alcohol, juices; syrups.
CLASS 33	Beverages excluding beers.
CLASS 34	Tobacco, articles of smokers.
CLASS 35	Advertising, business management, business administration, office functions.
CLASS 36	Insurance, financial affairs, monetary affairs, real estate affairs.
CLASS 37	Services including repair building construction, installation services.
CLASS 38	Telecommunications.
CLASS 39	Transport; packaging and storage of goods; travelling arrangements.
CLASS 40	Materials of treatment.
CLASS 41	Education, entertainment and activities like cultural and sporting.
CLASS 42	food and drink availability services, accommodation for short period, medical, hygienic and beauty care; veterinary and agricultural services like beauty care, agricultural, hygienic, medical, legal services, scientific and industrial research, computer programming.
CLASS 43	Restaurants and hotels.
CLASS 44	Business and advertising.
CLASS 45	Personal and social services.

NOW YOU CAN ALSO PUBLISH YOUR ARTICLE ONLINE.

SUBMIT YOUR ARTICLE/PROJECT AT articles@pharmatutor.org

Subscribe to Pharmatutor Alerts by Email

FIND OUT MORE ARTICLES AT OUR DATABASE

Essential requirements for trademark⁵
1. Distinctive:Trademark should be able to distinguish the goods with the other goods of the same kind in the market.
2. Non descriptive: The trademark should be non-descriptive type. It must not directly describe about goods so as to ensure the protection to the proprietor therefore to secure the product from mitigation common surnames and geographical names must be avoided while selecting trademark for a particular good.

Role of trademark in pharmaceuticals.
Canada health guidance released in 2005, efforts to reduce the error in medication due to look alike/sound alike drug products which are specified in guidance documents as health product that have similar name and phonetics to other pharmaceutical products. Trademark is very helpful in reducing medication error in these cases⁶.

Benefits of registering a trademark⁷
There are so many advantages of registration of a trademark to the owner of that particular product for which trademark has been registered.
1. Protection
* Registration of trademark ensures protection of company’s most valuable assets like company’s name and logos.
* Trademark registration grants exclusive trademark ownership to the trademark owner.
* Registration of trademark ensures and reduces the chances of other company claiming that your trademark is a copy of their trademark.
* Registration of trademark officially restricts other companies for using the similar trademark confusingly and may not claim ignorance of that trademark.
* Registration of trademark in United States provide basis for registration in foreign countries.

2. Prevent mitigation
* Trademark registration warns against registration to other competitors and preventing the defense of innocent infringement.
* Trademark registration will discourage others from using same trademarks as registration appears in trademark search reports.

3. Other benefits
* Trademark registration allows the owner to claim the triple damage due to infringers.
* Trademark registration allows the owner to presume that he is the valid owner of that registered product.
* Trademark registration gives the owner an automatic right to demand in the federal court.

Procedure for registration of trademarks⁸
To register a trademark the applicant must file a completed application form SS 4264 to the division of business services.

The application form consists of:
I. Name of the applicant.
II. The address of the owner.
III. Company’s name and address.
IV. The name of the partners if any.
V. Detailed information of the product or goods.
VI The mode of using the trademark.
VII. Class of product or service in which it may fall.
VIII. Information of the trademark.
IX. A statement giving that the applicant is the exclusive owner of the mark.
X. Signature of the applicant.
XI. Fees of registration i.e. $ 20.00

Issuance of trademark registration certificate⁹
1. The commissioner of the intellectual property office will issue trademark registration certificate to the product owner after the trademark registration.
2. Where any discrepancy appears the commissioner of the intellectual property office shall make the amendments and issue a new certificate to the applicant.

Comparison of trademark and copyright¹⁰

S.No.	Trademark	Copyright
1	Trademark registration is done at U S patent and trademark office.	Copyright registration is done at U S copyright office.
2	Trademark is valid for a period of 10 years.	Copyright is valid for 70 years or till the death of owner.
3	Trademark cannot be sold.	Copyright can be sold for earning of money.
4	Trademark is governed by federal lanham act 1946.	Copyright is legalized by the federal copyright act.
5	The cost of registering a trademark is $375	The cost of registering the copyright is $45
6	Processing trademark is a lengthy process.	Less time is required for processing copyright.

References
1.   Michael M.C, What are trademarks and why you need to take them seriously? intelproplaw.com (Accessed on Oct 23 2011).
2.   Silver, J. Trademark. intelproplaw.com (Accessed on Nov 26 2011).
3.   Chandrakanthi, L.; Dr. Srinivasulu, N. S. The law of trademarks in India.
4.   Bureau of intellectual property. opi-aruba.org/classification.htm (Accessed on Dec 16 2011).
5.   Aswal, S. K. Advocate patent and trademark attorney India. 2007
6.   Keri, S. J.; Mckenzie, J. World trademark review. worldtrademarkreview.com (Accessed on Nov 26 2011).
7.   Benefits of registering a trademark. intelproplaw.com (Accessed on Sept 13 2011).
8.   Trademarks and service marks. 2004, 1-24.
9.   Trademark Act. 2009,45.
10.   Glenn, R. S. Comparing patents, trademarks, copyright and trade secrets. patentlawattorney.com (Accessed on Nov 12 2011).

NOW YOU CAN ALSO PUBLISH YOUR ARTICLE ONLINE.

SUBMIT YOUR ARTICLE/PROJECT AT articles@pharmatutor.org

Subscribe to Pharmatutor Alerts by Email

FIND OUT MORE ARTICLES AT OUR DATABASE