Practices

Pharmaceutical and Medtech Branding

Why Cooley

Cooley has one of the largest full-service trademark groups found in any of the AmLaw 20 firms, with 30+ lawyers and paralegals across the US, UK and Europe. We have significant experience advising pharmaceutical and medical device clients on a full spectrum of issues arising across all stages of development, commercialization, post-marketing and loss of exclusivity. Among other services, we advise on the complex process of selecting, clearing, protecting and obtaining regulatory approval for device and drug names; build a business-friendly brand strategy to maximize marketplace advantages and protection during the product lifespan; and represent clients in disputes and enforcement matters worldwide.

Services

  • Advise clients on the criteria and process for identifying names that have the potential to function as strong brands
  • Conduct detailed trademark searches across US and foreign trademark registries and pharmaceutical databases to identify conflicts and other risks
  • Prepare and file trademark applications at the USPTO and foreign trademark offices
  • Advise on FDA review and approval processes for drug and device names
  • Manage and strategize simultaneous review and approval process with multiple agencies
  • Provide counseling and due diligence on transactional issues such as licensing, commercialization agreements, and joint marketing agreements
  • Police, monitor and enforce trademarks against third parties
  • Defend against third party infringement claims and challenges