Compliance » Why Trademarks Can Have More Punch Than Patents

Why Trademarks Can Have More Punch Than Patents

May 5, 2016

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With some consumers wanting “animal protein,” others wanting companionship and many wanting both, “animal pharm” is now a healthy growth market. But developers of products in this industry face challenges from generics and counterfeiters, as well as competitors, observe attorneys Monica Riva Talley and Deborah Sterling, writing in an ag-business trade magazine. They explain why a thoughtful trademark and trade dress strategy can address these challenges, as they cover such issues as what makes a strong brand, and in particular the relative strength of trademark and trade dress compared to patents. This article addresses IP issues in the burgeoning animal pharmaceutical industry, but its analyses and recommendations are widely applicable. “A thoughtful, targeted approach to trademark selection, registration and enforcement that involves the marketing, strategic and legal arms of the business, provides a solid foundation for creating strong, memorable and enforceable brands that can continue to reflect the goodwill of the company for years to come.”

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