Coexistence Agreement in Peru

An Italian company, Franklin & Marshall S.R.L., decided to enter the Peruvian market and applied for the registration of its trade mark MMM&F, for clothing, footwear and headwear (Class 25).

However, the Peruvian Trademark Office (INDECOPI) denied the application ex officio. They found that the Italian company applied for a trade mark confusingly similar to a previously registered one, “MMM”, for Class 25.

According to Peruvian Law, INDECOPI is entitled to object to a third party´s trade mark without the need of a prior opposition.

The Italian company considered that INDECOPI was wrong in their conclusions since both trade marks were already coexisting within different markets around the world.

Their first idea was to challenge the decision by stating that, since no oppositions were filed, the Trademark Office cannot consider the registered trade mark as a ground for refusal.