Phytotherapeutic products for human consumption do not fall underthe category pharmaceutic or veterinary products.

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Our client VETOQUINOL S.A. filed a cancellation action against the trademark FLEXIDYN (Nominative) on the basis that, on the contrary to what the trademark identifies on paper, the sign actually identifies, exclusively, a phytotherapeuthic product for human use, which consists of natural plant medicines, when in reality, the trademark registration identifies pharmaceutic and veterinary products (among others) which don´t correspond to the product´s nature or purpose. Thus, our client highlighted that the extended use of the trademark exceeds what in reality is identified by the trademark.

Consequently, the Trademarks director partially cancelled the coverage of the products identified by the trademark FLEXIDYN (Nominative) preventing the inaccurate identification of pharmaceutic and veterinary products (among others) so long as said categories do not match the actual nature and purpose of the product identified by the trademark.

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