Replies to post #143007 on NorthWest Biotherapeutics Inc (NWBO)

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It’s best to always include the FDA in the trademark process when you are a drug company seeking to market your product.

The link below goes into some detail about the process and discusses how the FDA established the “Office of Postmarketing Drug Risk Assessment ("OPDRA") as a subgroup if CDER for this very purpose. OPDRA is responsible for reviewing and either accepting or rejecting new drug trademarks (also know as proprietary names) before they hit the market.

To avoid potential conflict with third party marks, the owner of a prescription drug trademark should seek approval by both the USPTO and the FDA. It may seem daunting to have to go through two different government agencies to establish a viable prescription drug trademark. However, the consequences of having to change the name of a product once it is in the marketplace and/or defending a trademark infringement action are much more burdensome.

http://corporate.findlaw.com/litigation-disputes/practice-guidelines-for-prescription-drug-trademarks.html

Being lawyers and all, LP and LP probably know all about this.

By the way, do you know when PPHM actually began the trademark process? Perhaps they too started the process several years in advance — anticipating approval.