The medical industry has long recognized the value of good branding, and the idea that a smart product name leads to increased consumer recognition and expedite profits. However, many medical device companies have been slow to realize the importance of selecting a decent brand name for their products and securing its trademark. It is noted that, most of the orthopedic device making companies put extra emphasis on securing their patent rather than securing the trademark.
What Makes A Good Medical Device Trademark?
The trademark serves as a badge of origin for your business and its brands and products, and can consist of words, logos, images, slogans, shapes and colors, or a combination of all of these. Words and pictures are the most common forms of trademark, but other distinguishing signs can be registered, so long as they are capable of being represented graphically. The conceptual strength of a brand name is viewed along a continuum, which can be almost as confusing as the idea of the space-time continuum. Placing a mark in its proper place along the continuum requires placing it in one of five specific categories. A trademark can be any word, sign, symbol or graphic that you apply to your company, goods or services to distinguish them from those of your competitors; for example, a brand, product or company name, or logo.
Why you should secure trademark first rather than the patent for your product-
Trademarks of the orthopedic devices are commonly quite affordable to get and relatively less expensive to protect. But on the other hand securing a patent other than a design patent may costs three to four times higher than the cost of a trademark. Whether it is the United States or China, Europe to Canada, it is applicable for all the major countries. Another advantage of having trademark rights of your product is that, most of the China lawyers are expert in taking down offending trademarks of your product.
Determine the name, logo or other marks you want to protect. This is where patent and trademark lawyers help. When choosing marks, the more you move down the list of trademark types toward “arbitrary,” the better your chance of protection.
If anyone is selling a product violating your trademark on an e-commerce site, there is great chance that the e-commerce portal may take it down from their site if you can produce the documents regarding your trademark. This is generally true of the leading and renowned online shopping sites all around the world.
In the view of the expert China lawyers, orthopedic device manufacturing companies in China that do not properly protect their trademarks can be in danger of losing trademark rights and may complicated legal issues. So it is advised for all of them to secure trademark of their product first.