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[joe]

Hi, everybody,

Since I am not familiar with US trademark law, and I firstlly would like to thank any one who shares his/her expereince with me in advance.  
My question is as follows:

My compony has several drugs under clinical trials, and all these drugs are the technologies in-licensed from other big pharms.  Namely, there is no goods in trade now. However, an intent-to-use trademark application identical to my company name is now allowed and waiting for the statement of use.  I expected that these clinical trials won't be completed within 5 years.  Is there any possibility for a pharmaceutical comany have a trademark of its company name being registered even though ALL its products are still in the clinical trial stages?

A little urgent!! Can any one give me any useful suggestions??  Many thanks in advance.

Joe

[JSonnabend]

There is no particularly useful short answer to your question, but I'll try.  

To the extent that your company name will act as a trademark in connection with the drug product but has not yet been used in a trademark capacity, you may be in a junior position to the party who filed for registration.  To the extent that you have already used your company name in connection with any product, you may be the senior party.

The longest you can stretch an ITU for in any practical terms is four years (one year for the application process plus three years to get your statement of use on file).  I'm not aware of any special process for protecting drug-related TM's.

One last point: if you have not products in the market, then you haven't acquired any good will (e.g., consumer recognition) in your company name.  What's the real cost of changing it?

- Jeff