IP STRATEGY

Trademarks for Pharmaceuticals and Health Products

MAY 2026 · 7 min read

Medicines are not ordinary products. Every drug brand name is subject to two layers of regulation: SAIP as any other mark, and the Saudi Food and Drug Authority (SFDA) as a health product. Conflict between the two is common, and smart file management is the difference between a successful pharma brand and one stuck for years.

The Core Class: Class 5

Class 5 of Nice includes: medicines, pharmaceutical preparations, nutritional supplements, health products, and even some medical hygiene products.

But Class 5 alone is usually not enough. Many pharma companies also register in Class 3 (cosmetics), 10 (medical devices), and 44 (medical services).

Multi-Layer Regulation: SAIP + SFDA

SAIP examines registrability from similarity and descriptiveness angles.

SFDA examines from a different angle: does the name create confusion with other drug names (risk of pharmacist error)? Does it imply false health claims? Does it phonetically resemble internationally approved brands?

Approval by one entity does not guarantee approval by the other. Planning must cover both tracks from the start.

Brand Name vs. Generic Name

Every drug has two names: the generic name — internationally shared and unregistrable (like "Paracetamol"), and the brand name — your choice that you register and protect in the market (like "Panadol").

Common mistake: proposing a brand name too close to the generic. SFDA refuses it immediately for confusion risk.

Suggestive Names and Pharma Marketing

Saudi law forbids names implying medical benefits not proven by research ("Cure," "Healer," "Lifetime Drug"). Any mark with such suggestion is refused or restricted.

The alternative: strong "neutral" names that build their marketing association over time, not through direct verbal suggestion.

Packaging as an Additional Mark

In pharma, package shape and capsule color can be protectable marks. The blue Panadol box or red amoxicillin capsule shape are pharma "trade dress" examples.

Registering these elements as industrial designs adds a protection layer against imitators.

Generic Brands

After a drug's patent expires, other companies can produce equivalents. But the brand name stays protected — no one can sell "generic Panadol."

Every competing company picks its own brand name. This is where trademark registration enters as the most important commercial asset for pharma companies.

Regional Challenges

Gulf countries share a unified list of refused or banned drug names (for health or semantic reasons). A name accepted in Saudi Arabia may be refused in the UAE.

For any Gulf expansion, screening must include each country's drug name database, not only trademark databases.

Summary

Registering a pharma mark is far more complex than ordinary marks — dual track, safety requirements, and additional market reviews. But it is also more valuable, because in pharma the brand significantly drives the purchase decision of physician, pharmacist, and consumer. At Rights we manage pharma files for several Saudi and international companies in coordination with regulatory experts.