INNs are the world’s shared generic names for drug substances — deliberately owned by no one, so doctors and pharmacists can prescribe safely. Indian law bars registering them as trademarks — though enforcement has been patchy.
What an INN is
International Non-Proprietary Names (INNs) are globally recognised generic names for pharmaceutical substances and active ingredients. The World Health Assembly started the system in 1950; the WHO has since published 7,000+ names. As the WHO puts it, an international nomenclature is “important for the clear identification, safe prescription and dispensing of medicines.” By design, INNs are non-proprietary — they cannot be owned by anyone.
India’s obligation
Through TRIPS (which links the WTO and WIPO and other bodies), WTO/TRIPS members — including India — are expected to respect the WHO INN lists.
The law: Section 13
Section 13 of the Trade Marks Act, 1999 expressly prohibits registering:
- words commonly used as chemical elements or compounds, and
- names declared as INNs by the WHO, or deceptively similar to them.
The Registry’s manual confirms this bites on Class 5 pharmaceutical applications: identical or variant INN marks face objection for lacking distinctiveness under Sections 9(1)(a) and 13.
The enforcement gap
Despite the clear bar, public searches reveal registered INN-based marks — e.g. Paracetamol, Erythromycin, Ibuprofen, Ciprofloxacin. While the Registry has sometimes objected/refused and courts have upheld Section 13, inconsistent enforcement has let some through — a compliance gap with international norms.
What it means for pharma branding
- Don’t build a brand on the INN. An INN or a mark deceptively similar to one is barred and, even if registered, vulnerable.
- Invest in a distinctive coined name. Distance the mark from the generic root — see our note on similar pharmaceutical trademarks.
- Improperly registered INN marks can be challenged — rectification is available where a mark should never have registered.
The article also urged coordination between the Indian TMO and bodies like INTA and PTMG, and suo motu cancellation of wrongly registered INN marks.
Frequently asked questions
Can an INN be registered as a trademark in India? No. Section 13 bars registering INN-declared names (and deceptively similar ones), and INN-derived elements are treated as non-distinctive.
What is an INN? An International Non-Proprietary Name — a WHO-published generic name for a drug substance, deliberately owned by no one for safe prescribing.
Why do some INN marks appear on the register? Inconsistent enforcement — the Registry has not always objected, though such marks are vulnerable to refusal or rectification.
How should a pharma company name a product? With a distinctive, coined mark that avoids the INN/generic root, to be both registrable and defensible.
Useful official resources
- The Trade Marks Act, 1999
- WHO — International Nonproprietary Names (INN)