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From the PTO to the FDA: What to Consider When Branding Clinical Trials

By Brandon Leahy Susanna Lichter and Eva Yin
February 01, 2021

The legal implications of branding generally arise for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.

Our experience and observations suggest that branding clinical trials has become more prevalent. While it may seem unnecessary to brand a clinical trial because of its limited duration and pre-market nature, the long road to market for therapeutics makes building a recognizable house brand or product name challenging for companies before regulatory approval. As a result, companies are turning to the clinical trial process as an early-phase opportunity to establish a brand identity, raise public awareness of the company's mission, and create market familiarity with the company's technology and discovery objectives.

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