ANVISA discussion about future criteria for trademark denominations
Next September 24th, the authority in charge of the regulation of pharmaceutical products in Brasil (ANVISA) will conduct a public hearing in order to discuss applicable criteria for drug trademarks in the future.
The aim of this meeting is to minimize false interpretations, errors or confusions concerning origin,nature,composition or quality of drugs. In 2010, the first version of the proposal had been submitted to public consultation, which made it possible to advise the interested parties on this topic.
One criterion suggested by ANVISA is that trademarks must observe sufficient graphic and phonetic distinction from previously registered drugs, food and cosmetics. Furthermore, it proposes that drug trademarks shall preferably consist of one single word with Portuguese pronunciation directly related to its spelling.
It is also discouraged the use of prefixes or suffixes of scientific denominations that are distinctive for different chemical classes of medicine; abbreviations, single letters or arbitrary series of letters without evident meaning for the consumer, or words or expressions that can induce to one’s comprehension that the drug products are harmless, natural, free from or with little collateral damages. The trademark should not suggest superior quality than real or special properties not sufficiently proved, neither induce to self-medication.
Moreover, it indicates that the recognition of a certain trademark by the Brazilian PTO does not imply an automatic right to use it in the sanitary registration granted by ANVISA.