We were issuing public PR's and issuing sales literature to prospective licensees. When I found out Google had filed for the trademark we objected.. they finally backed off. The test is it has to be actively used in commerce - in addition the same trademark can be used for "AirFilled" baloons, and "AirFilled" flaky donuts and if there is no chance of confusion they will both be protected.
Still, if someone used a word today that Anavex wanted to trademark, if they weren't using it to sell, or prospectively sell, a drug it isn't a protected use.
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