Denied claims for nullity filed against the act that denied registration as a trademark of the nominative sign “EXOME”, to distinguish products in Class 5 of the NICE classification, by determining that there is a competitive connection, since when comparing the products claimed by the sign questioned in Class 5 of the Nice International Classification and those services that distinguish the trademark previously registered in Class 44 ibidem, a close relationship is evident, since they are aimed at the health sector, including pharmaceutical products for the treatment of patients, which in most cases are used in medical services for analysis, diagnosis and prognosis of diseases, so a joint or complementary use is also noted.

These products and services share the same marketing and advertising channels, because they are promoted through the same means: brochures or specialized medical magazines; and its consumers could reasonably assume that the products and services in question come from the same businessman, based on the identity of the opposing sign and brand. In effect, it is observed that they are complementary products and services to the extent that for the provision of medical services for analysis, diagnosis and prognosis of diseases, including cancer, the elements that distinguish the questioned sign are necessarily required, such as: pharmaceutical products for oncological use.