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Nov 23, 2015
Marietta Flores, OMC Abogados & Consultores, Peru
Kelly Sánchez, OMC Abogados & Consultores, Peru

Common Terms in Pharmaceutical Trademarks


Marietta Flores, OMC Abogados & Consultores, Peru, Kelly Sánchez, OMC Abogados & Consultores, PeruIt is usual that pharmaceutical trademarks contain commonly used terms, so they are formed by the combination of elements such as prefixes, suffixes or commonly used words that evoke somehow an idea about the properties of the product, its active principles, and its therapeutic function. They also may refer to a component of the medicine or the organ for which they are prescribed.
Terms are considered commonly used for two reasons: either for being part of the several marks or for being evocative of the product or any of its features. By common usage anyone is free to include them in a mark, provided that it is not confused with other marks of other owners.
For example, a prefix commonly used in Class 5 is the prefix CORTI that evoke the active substance corticosteroid or the word “cortisone”. The prefix CORTI is present in the formation of numerous registered trademarks owned by different owners, such as: CORTIFLEX, CORTIDERM 10, CORTIMED, CORTICREM, CORTIFENOL , etc.
The Court of Justice of the Andean Community has established in a precedent that the prefixes, suffixes, roots or endings commonly used in  read more