Clearing a pharmaceutical name is complex. To devise a robust and efficient search strategy, rights holders need to know how to assess the similarity of goods and services in this field since a multi-sector assessment applies in Switzerland as in Europe. This paper aims to provide an insight into how to assess the similarity of goods and services in this industry according to the Swiss approach, versus the EU practice.

A well-known trademark may come to get associated with the product or service instead of identifying the company, as its purpose actually is. In that case, it could be found to be generic and therefore free of use. This is what happened to Bayer's trademark “Aspirin” which ended up in dictionaries. It has become a common term which is now widely used by all pharmaceutical companies. The trademark owners must take proactive steps to avoid losing their exclusive rights. This article gives insights into how to prevent a trademark from becoming generic in light of the Swiss legislation and case law.

Prior to any product or service launch, the trademark and domain name protection steps must be carefully considered, aligned and taken early on. Anticipate and coordinate these steps will make the trademark and domain name portfolio generate revenues and reflect in a high return on investment. In this article, a closer look is taken at the best practices in addressing both domain name and trademark protections at each stage of the project.