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Rejection of Trademark Application: Interconnection of Products and Services in the Health Sector
By VERA ABOGADOS
In the ruling against the nullity claims aimed at challenging the denial of trademark registration for the term "EXOME" for Class 5 products under the NICE classification, it was determined that a competitive connection exists.
A comparative analysis of the products identified by the contested sign in Class 5 and the services distinguished by a previously registered trademark in Class 44 illustrates a significant correlation, both being geared towards the health sector. This includes pharmaceuticals for patient treatment, predominantly utilized in medical services for disease analysis, diagnosis, and prognosis.
Consequently, a symbiotic relationship emerges, as these products and services are promoted through analogous channels, such as medical publications and leaflets, leading consumers to presume a common source due to the identical sign and trademark confrontation.
Notably, for medical service provision involving disease analysis, diagnosis, and prognosis like cancer, the components singled out by the challenged sign, such as oncological pharmaceuticals, become indispensable, underlining their complementary nature within the sector.
Vera Abogados
VERA ABOGADOS ASOCIADOS S.A.-, is a Colombian law firm with specialized lawyers, Founded more than 40 years ago, by Jorge E. Vera Vargas, Doctor in Law and Political Sciences of the La Gran Colombia University in Bogota D.C., Colombia. At present, with principal offices in the city of Bogota D.C., and offices in the cities of Cali, Medellin, Barranquilla, at national level, and at an international level in Ecuador and Panama.
The Firm is today a reference in the Andean Community, and it makes part of important international affiliations such as PRAGMA, EEIG. International Network of Law Firm, The International Trademark Association (INTA), Asociación Interamericana de Propiedad Industrial (ASIPI), Associação Brasileira da Propriedade Intelectual (ABPI), and the Chamber of Industrial Property Agents of the Republic of Argentina(CAPIRA).
VERA ABOGADOS ASOCIADOS S.A. offers professional services to prestigious Colombian and foreign companies in the following juridical areas: Industrial property, Trademarks, Patents, Copyrights, New Technologies, Disloyal Competition, Commercial Practices, Sanitary Rights, Community Right, Administrative law, Tax Law, Corporate Right and Foreign Investment and Business Rights.
The Firm offers of equal way a service of integral consultancy in Foreign Commerce, Business administration, Finance and Accountancy. The team is made up of specialized lawyers in each of the workspaces and expert multilingual professionals (Spanish, English and French) that respond with efficiency and competitiveness to the needs and demands of our customers around the world.