Hottest trademark TMR logo and trade name

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Analysis of the use of trademark TM, R logo and trade name

on drug packaging labels in recent years, the phenomenon of "more than one drug" for drugs is relatively serious. This phenomenon is mainly caused by some enterprises excessively strengthening the drug trade name or trademark name and weakening the common name of drugs in order to achieve the purposes of sales, bidding, pricing and so on. For example, ofloxacin, an anti infective drug often used in Ophthalmology, has several trade names, although its ingredients are the same and its common name is the same. With various trademarks, there are no less than dozens of names. Even if the dosage of the same drug is the same, the process is the same or similar, but the price varies widely due to different names. The cheap one is only twoorthree yuan, and the expensive one is as high as twenty or thirty yuan. What's more, some enterprises also abuse unregistered trademarks to pretend to be drug names. For example, recently, the Beijing Municipal Drug Administration investigated and dealt with some cases of fake drugs, that is, TM trademarks are printed in a prominent position on the outer packaging of drugs, while the printing of generic names of drugs is vague and difficult to identify. Even the same drug uses multiple TM trademarks respectively and is sold according to the names in TM trademarks in hospitals. After such "modification", these common drugs are transformed into new and special drugs, and the selling price is more than ten times that of the same variety in the market, which seriously damages the interests of consumers, intensifies the chaos of "more than one drug" in the pharmaceutical market, and brings all kinds of troubles to people's medication and drug supervision

in fact, the state has a series of relevant laws and regulations on the use of trade names, registered trademarks, TM marks, etc. in drugs, and a series of corresponding regulations are being issued for the above phenomenon of "more than one drug"

drug trade name refers to the drug trade name used by specific enterprises approved by the State Food and drug administration. According to the provisions of the measures for the administration of drug registration, "new chemicals and biological products can apply for the use of drug trade names as Larsen explained". Drug trade names are generally registered trademarks, which are subject to strict examination and approval

trademark is a mark used to distinguish the goods and services provided, which is divided into two types: commodity trademark and service trademark. Among them, commodity trademark refers to the mark used by the producer or operator of commodities to distinguish their own commodities from those of others. Trademarks on drug labels are generally commodity trademarks. The marks of the trademark are: ⑩, ④, TM, which are marked in the upper right corner or the lower right corner of the trademark. R is the prefix of English registration. It is an international registration mark. It has the same meaning with China's "note" (short for registration) "and" registered trademark ", indicating a registered trademark. "TM" is the abbreviation of English trademark, which mainly indicates that the figure or text is used as a trademark, not a registered trademark. Generally, the TM logo can be used after obtaining the trademark acceptance notice and before receiving the trademark registration certificate, but the @ logo can be used only after obtaining the trademark registration certificate

at present, the approval of registered trademarks is relatively strict and takes a long time. It is relatively simple to obtain TM trademarks. Even without final approval, they can be used for one to two years. According to the experience and model accumulated by China Mining Group 5 in its cooperation with Alibaba, the trademark law and the regulations on the implementation of the trademark law, and the relevant provisions of laws and administrative regulations, goods that must use registered trademarks must apply for trademark registration, and those that have not been approved for registration must not be sold on the market. The scope of goods that must use registered trademarks announced by the State Administration for Industry and Commerce in 1988 includes drugs for human use, such as Chinese patent medicines (including medicinal wine), chemical APIs and their preparations, antibiotics, biochemical drugs, radioactive drugs, serum vaccines, blood products and diagnostic drugs

on March 15, 2006, the State Food and Drug Administration issued the revised regulations on the administration of drug instructions and labels (hereinafter referred to as the regulations), emphasizing that the generic names of drugs must be prominent, especially the use of trade names and trademarks. The regulations also specifically put forward clear requirements for trademarks. Unregistered trademarks and drug names not approved by the State Food and drug administration shall not be used in drug instructions and labels. It can be seen that according to the relevant regulations of the Department of industry and Commerce and the newly issued regulations of SFDA, whether TM trademark is responsible for society and its contribution can be used on drug labels. In addition, in view of the existing problems, some drug manufacturers are restricted from marking their trademarks on the main positions of the labels to avoid the "more than one drug" caused by the use of trademarks. The regulations clearly pointed out that if a drug label uses a registered trademark, it should be printed on the corners of the label. If it contains words, the font size should not be greater than one quarter of the general name in terms of single word area

on the same day, the State Food and drug administration also issued the notice on further standardizing the management of drug names, further specifying that drugs with new chemical structures, new active ingredients and drugs holding compound patents can use trade names. This is conducive to the independent innovation of pharmaceutical enterprises, accelerate the development of new products, constantly improve the content of 20 sub categories in the scientific and technological instrumentation industry of pharmaceutical products, constantly improve the core competitiveness of enterprises, and win the market with high-quality products and services

the regulations on the administration of drug instructions and labels has been implemented since June 1st, 2006, and the relevant implementation rules are being drafted. At the same time, consumers should be reminded that when purchasing drugs, they must carefully distinguish, recognize the general name of drugs, and if necessary, write down the approval number of drugs. They can log in to SFDA station for inquiry to identify the authenticity

reprinted from: Capital Medicine

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