Pharmaceutical – NJQ & Associates

Iraq – New Requirements for Trademark Registrations in Class 5

NJQ & Associates — Mon, 13 Jun 2016 11:41:09 +0000

BAGHDAD – On 3 April 2016, the Iraqi Ministry of Health sent a new regulation to the Trademarks Office in the Ministry of Industry and Minerals requesting that all trademark applications applied for in class 5 should contain the following information in order to proceed to registration:

Scientific name of the product;
Trade name of the producer;
Pharmaceutical formula of the product;
Name of manufacturing company if not the applicant, and
Name of local distributor, if any.

The above is required by the Department of Technical Issues for the purpose of endorsing new pharmaceutical product into the country.

For more information, please contact iraq@qumsieh.com.

Morocco – Conflict Between Nomad and NOMADOL

NJQ & Associates — Tue, 26 Feb 2013 16:27:51 +0000

Our client, Joint Stock Company “August” Inc., a Russian pharmaceutical company, instructed us to file a trademark application for “Nomad” in Morocco for classes 1, 5, and 44. The application was filed on 22 July 2011 and assigned Application No. 139221.

The above application was published in the Official Gazette No. 2011/15 on 11 August 2011. The Moroccan pharmaceutical company and the owner of the trademark “NOMADOL”, Laboratoire Novopharma, filed an opposition against Nomad to halt the registration procedure of the pending application. Their opposition was based on the following:

The alleged similarity between our client’s “Nomad” mark and their “NOMADOL” mark, which is registered in Morocco as Registration No. 120429 in class 5 on 11 December 2008;
The Opposer claims that the registration of our client’s mark will confuse the public as of the origin of the products, therefore, leading to unfair competition, and
The registration of Nomad contradicts with Trademarks Laws and International Conventions.

In response, we submitted a counterstatement against the Opposer based on the differences between our client’s trademark “Nomad” and their “NOMADOL” in terms of the pronunciation and general appearance, and supported our argument by prior registrations of the trademark Nomad worldwide.

After reviewing the evidence in hand, the Trademark Registrar issued his decision in our favour allowing the trademark to register.

For more information please contact our Morocco office morocco@qumsieh.com.

China – Updates Regarding Trademark Law

NJQ & Associates — Tue, 29 Jan 2013 14:54:21 +0000

Notice on Relevant Proceeding of Newly Added Items for Pharmaceutical Retail or Wholesale Services in Class Thirty Five.

The State Administration for Industry and Commerce of the People’s Republic of China has announced on 14 December 2012 that new items were added to the 10th Edition of International Classification of Goods and Services for the Purposes of the Registration of Marks under Class 35 – group 09.

Those new items are:
Pharmaceutical retail or wholesale services; pharmaceutical preparations retail or wholesale services; sanitary preparations retail or wholesale services; medical supplies retail or wholesale services; veterinary drugs retail or wholesale services; veterinary preparations retail or wholesale services.

This new regulation entered into force on 1 January 2013.

For more information, please contact our China office at china@qumsieh.com.