Dear House Rules,

I’m an attorney working with Clinical Research Organizations, CROs, who needs to propose a trademark along with their new drug application when seeking FDA approval. The process used by the FDA for screening brand/marks is different than the trademark office and there is a chance that the FDA could approve the product but refuse the mark. Marketing is not my area of expertise but this issue becomes critical in my business since it could delay the product launch. What would you suggest CROs do to vet the product branding prior to submitting the trademark with FDA applications?


Dear TradeMarket-ing,

I respect your desire to point your client in the right direction even if brand marketing is completely foreign to you. The sequence of events to establish a brand identity for a new products is:

  1. Identify the target market.
  2. Write a positioning statement.
  3. Create a name for the product and perform a color analysis for the imagery.
  4. Develop a logo and icon and customize the typeface.

As an early point of contact in the lifecycle of a new product you have a unique opportunity to help the client ensure a smooth launch. We recommend they do their first branding consult at the conception stage of product development. This will allow plenty of time to develop a brand strategy and vet the trademark and a backup trademark for FDA submission. Considering the branding in the earliest stage will enable that client to move forward in a strategic way and they’ll have you to thank for getting the timing right. For a more detailed explanation of the go-to-market strategy for new products, consider partnering with a professional design company.

About Xavier Creative House

Founded in 2013, Xavier Creative House (XCH) is an award-winning healthcare creative agency specializing in pharmaceutical, biotech, and medical device. XCH’s global team of brand builders and healthcare marketers, tech-savvy go-getters, and innovative dream-vetters are passionate about the big idea that changes behavior in the healthcare marketplace. They believe life is about connections and that healthcare is about life. That is why XCH delivers bold and evocative creative solutions, amplified by meaningful technology, to energize brands and authentically connect with patients and HCPs.

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