Why do third party/Contract Manufacturer require Trade Name/ Brand Name Affidavit?

Query:Requesting your help regarding drug brand Name (Trademark) registration. I run a proprietorship company in Bangalore pcd business already but want to enter contract manufacturing.
Companies are demanding brand name affidavits.
I just want to clarify that e.g:- novamox contains amoxycillin and is made by XYZ company. Should I myself make a new brand name like zovamox and register zovamox or my company name like XYZ company or both?
Kindly suggest me good contract manufacturers who would offer small batch sizes in baddi

Response:

Companies demand brand name affidavit for avoiding any future problem. In Pharma, daily new molecule launch and companies has to search for an unique Trade Name/Brand Name for it. One most common way to search unique brand name to search at IP INDIA website and know whether your brand name is resembling to any other or not. But there is lot of brands available which are not applied for brand name registration. That can’t be searched by it. So, there is maximum chances, any new chosen trade name could clash with any already existing trade name.

Manufacturing companies will ask for brand name affidavit because they want to confirm that you are not using any other company brand name. You Brand Name/Trade Name is unique and don’t resemble to any other Brand Name/trade Name available in Market. If in Future your Brand Name will clash with any other Company’s Brand Name, you will have total responsibility for it. Manufacturing company will not bear any responsibility and expenditure with regard to this brand name.

If one company is Marketing by Name of Novamax, you can’t choose any Trade Name/Brand Name Similar or resembling to it like Zovamax. It will be offense under Intellectual Property Act. You have to choose different Name like Adakmax etc. For entering into contract manufacturing, you should set-up your new marketing company and have to choose brand names for it. Read our article: How to choose Trade Name/Brand Names for your company?

Few contract manufacturer are:
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Elzac Herbal India

Hope above information is useful to you…

For any query and suggestion, mail us at pharmafranchiseehelp@gmail.com

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