Opposition against a trademark in Peru

Professional Support in the Trademark Opposition Procedure in Peru

Our law firm offers comprehensive legal assistance in the opposition process against the registration of trademarks in Peru. If you believe that your trademark rights are at risk due to the registration of a new trademark, you have the option to file an opposition to effectively protect your interests.

Deadlines for Filing an Opposition

In Peru, the opposition must be submitted within 30 days of the publication of the contested trademark to the Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (INDECOPI). It is crucial to adhere to this deadline to ensure that your opposition is considered in a timely manner.

Typical Grounds for Opposition

The most common grounds that may justify an opposition include:

• Likelihood of Confusion: If the new mark is similar to your existing mark and this could lead to confusion among consumers.
• Prior Use: If you have used your mark before the registration of the new mark, you can assert your prior use.
• Insufficient Distinctiveness: A mark that lacks sufficient distinctiveness or is too generic may be deemed unprotectable.

Procedure and Timeline

The entire opposition procedure can take several months, depending on the complexity of the case and the processing time of the INDECOPI. Throughout the entire process, we will keep you informed about all important developments and progress.

Our Services for Securing your Trademark Rights

• Assessment of Success Chances: We conduct a thorough analysis of the likelihood of success for your opposition and provide you with strategic recommendations to strengthen your position.
• Documentation and Legal Argumentation: We handle the preparation of all necessary documents for your opposition and present your arguments clearly and convincingly.
• Individual Legal Advice: We assist you in developing a tailored strategy for enforcing your trademark rights and advise you on best practices.
• Representation in the Opposition Procedure: We manage communication with the INDECOPI and keep you updated on the progress of your application.

Free Initial Assessment of your Situation

We offer you a free, non-binding initial consultation in which we thoroughly assess your situation and provide targeted recommendations for the next steps. Your inquiry will, of course, be treated confidentially.

If you need further information or support in other countries, please do not hesitate to contact us. We are always available to assist you and look forward to helping you.