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E-Folder - Playing the Product Name Game
If you've ever held a brainstorming session to come up with new product names, you know that it is usually not hard to get people to attend. In fact, such meetings generally start off with a lot of enthusiasm and elation. This quickly fades though as the cold reality sets in. Naming a new product is really difficult.
Naming a product is about as cl
Naming a product is about as cl
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
ose as you can get to having a root canal without going to the dentist. Even done well with an expert team, it's an exercise in pain, frustration, and disappointment.
Nevertheless, there are some things you should know about the process.
First of all, get a reality check on how important a product name really is. Some people tend to think that it'
Nevertheless, there are some things you should know about the process.
First of all, get a reality check on how important a product name really is. Some people tend to think that it'
; 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
a life and death matter, others rate it as inconsequential, and the truth is probably somewhere in between. Having a great name is a definite asset. Having a poor name is a major liability. But in the area between, there is probably not much difference as to whether a product has a good name or a mediocre name.
Second, it is vital that you enlist
Second, it is vital that you enlist
lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.
the support of some legal experts, perhaps an on-staff paralegal or an attorney with expertise in trademark registration. They will tell you that you cannot trademark descriptive names. For instance, if you ran a chain of motels, you could not trademark the name Motel. By the same token, you can't call your new drug Cholesterol Pill or your new hear
here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe
monitor Heart Monitor.
Fanciful names are best. Fanciful is a legal word for "made up." Pharmaceutical companies do this all of the time as they invent not only drugs but totally new words as product names. Viagra® is a made-up name; so is Aleve® and Tylenol® and Lipitor®. Some of these words sound so normal to our ears it's hard to believe that t
Fanciful names are best. Fanciful is a legal word for "made up." Pharmaceutical companies do this all of the time as they invent not only drugs but totally new words as product names. Viagra® is a made-up name; so is Aleve® and Tylenol® and Lipitor®. Some of these words sound so normal to our ears it's hard to believe that t
d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.
Combination pro
Combination pro
hey were literally crafted, made up by somebody in marketing.
Legal eagles will tell you that fanciful names work best, mainly because fanciful names are easy to protect. After all, there is not likely to be a rush of people fighting to trademark some word you just concocted.
The drawback for fanciful names is that they sound dreadful at first and
Legal eagles will tell you that fanciful names work best, mainly because fanciful names are easy to protect. After all, there is not likely to be a rush of people fighting to trademark some word you just concocted.
The drawback for fanciful names is that they sound dreadful at first and
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
if you have some knee-jerk bosses or executives in your company, fanciful names almost always die the first time the boss hears them. Few bosses are good at naming products but most of them are pretty good at throwing out serviceable fanciful names. Keep in mind, all made-up names sound clumsy at first.
The second drawback to the fanciful name is t
The second drawback to the fanciful name is t
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
hat it takes a lot of marketing muscle to get the name into the customer's awareness. That means a lot of ads, a lot of promotional materials, a lot of literature. You are literally teaching your customers a new word and most adults resist efforts at educating them.
Sometimes marketing people will try to invent a word that has associations with oth
Sometimes marketing people will try to invent a word that has associations with oth
nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically
r words. For instance, words like gem, jewel, ace, expert, accurate, precise, rapid, quick are all words that carry connotations that you might want to appropriate. Some product names use intriguing but seemingly distant real words to make a powerful name (the Mustang from Ford was that kind of name) or you can dissect various positive words and pas
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
te together something that sounds familiar but is, in fact, made up (Microsoft's name is a combination of terms to form a new word that was instantly familiar-sounding). SlimFast® is not a real word, but it's recognizable to us in terms of its parts.
When reaching for names with associations, don't reach too far. Many marketing people are bright in
When reaching for names with associations, don't reach too far. Many marketing people are bright in
ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi
ividuals and they may ponder a name for hours and come up with an association that they expect a busy customer to make instantly. For instance, if you name your product ChessPlayer because buying your product would be a strategic move for smart "masters" of your industry, don't count on your customer making the leap. Customers live in the same ligh
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
ning-fast world you do and don't have times to ponder the hidden meanings of product names. The truth is that sound marketing principles would turn that around!
Make lists of lots of viable names. Some brainstorming sessions start off with rules that say no name will be rejected and no suggestion is to be hooted at. While you don't want to discoura
Make lists of lots of viable names. Some brainstorming sessions start off with rules that say no name will be rejected and no suggestion is to be hooted at. While you don't want to discoura
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
ge people, there are some names that deserve to be hooted off the list right at the beginning. On the other hand, let any name with any shred of potential stand on the list. From that major list, cull the duds, and arrive at what you and your legal advisor determine is a workable number of names.
The next step in the game is a legal process. Next,
The next step in the game is a legal process. Next,
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
he lawyers have to search the databases for possible previous uses of the name in question. The chances are almost assured that your name is taken, the question is, is it taken in an industry related closely enough to yours to bump you out of the running. For instance, Mustang® is already taken as a car name but I suspect it could be the name of a c
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
atheter if anyone cared to register it. The way the Trademark Office looks at it, a person looking to buy a car is not likely to get mixed up and accidentally buy a catheter because it has the same name.
Many wonderful names will get bumped out of the running in the initial trademark searches. It is a good idea to treat new names like puppies; don
Many wonderful names will get bumped out of the running in the initial trademark searches. It is a good idea to treat new names like puppies; don
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
t get too attached to them at first because you may not be able to keep your favorites.
Even if some names survive the first searches, the legal team will keep tightening things up. It generally takes a few searches of increasing depth before the name is pronounced clear. When you reach this goal, the appropriate papers are submitted.
One thing ma
Even if some names survive the first searches, the legal team will keep tightening things up. It generally takes a few searches of increasing depth before the name is pronounced clear. When you reach this goal, the appropriate papers are submitted.
One thing ma
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
ny legal people do not tell you too loudly is that just because you apply for a name and start using it does not mean you own it. Companies who have claims to that name or similar names can come after you. Sometimes two companies will file for names around the same time and then have to duke it out in court. And sometimes the Trademark Office will n
y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products
t let you have the name you applied for even though your lawyers thought you had a solid case. Trademark judges are apparently human and subject to making unpredictable decisions.
What happens if your name becomes part of a tug of war? At that point, the lawyers get involved and will be your best source of advice. But just like any legal dispute, t
What happens if your name becomes part of a tug of war? At that point, the lawyers get involved and will be your best source of advice. But just like any legal dispute, t
.
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
hings like this can often be settled amicably out of court.
What about global issues? Trademark protection is a national thing so just getting a name trademarked in the U.S. does not necessarily mean you'll enjoy trademark protection in other markets. Beyond making sure your legal team registers in the appropriate geographies for your market, you s
What about global issues? Trademark protection is a national thing so just getting a name trademarked in the U.S. does not necessarily mean you'll enjoy trademark protection in other markets. Beyond making sure your legal team registers in the appropriate geographies for your market, you s
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
ould also consider linguistic and cultural nuances that your new product name carries.
It is always wise to talk to your teams in other geographies to get their input on a new product name. Sadly, it is just about impossible to find any name that everybody will adore. Instead, consider yourself successful if you find a name that no one really hates
It is always wise to talk to your teams in other geographies to get their input on a new product name. Sadly, it is just about impossible to find any name that everybody will adore. Instead, consider yourself successful if you find a name that no one really hates
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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