Practices

Pharmaceutical and Medtech Branding

Why Cooley

Breakthroughs happen with Cooley. At Cooley, we don’t just advise – we accelerate your achievements. Our collaborative approach draws upon unparalleled experience and our extensive industry network to drive strategic solutions and resolve challenges. With Cooley as your catalyst, you’re not just part of the life sciences industry – you’re shaping it.

Cooley has one of the largest full-service trademark groups found in any of the Am Law 20 firms, with 25 lawyers and paralegals across the US, UK and Europe. We have substantial experience counseling 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; develop business-friendly brand strategies 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 US Patent and Trademark Office (USPTO) and foreign trademark offices
  • Guide on FDA review and approval processes for drug and device names
  • Manage and strategize simultaneous review and approval processes 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