Gestione su Propiedad Intelectual en América Latina

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 trademark MMM&F, well-known among Italian consumers for clothing and related goods.

However, the Peruvian Trademark Office denied ex-officio the application since they found the applied for trademark confusingly similar to the previously registered trademark MMM (special characters), registered to protect electronic products.

Lessons learned: 

Peruvian IP Laws are ruled by the Andean Community. In the case of trademarks, Decision 486 states that the ex officio examination must comprise the absolute and relatives grounds of refusal, i.e.: likelihood of confusion.

However, the Peruvian Authority accepts coexistence agreements, provided that such agreements meet certain requirements.

Sometimes it may be better to contact another company seeking for an agreement instead of trying to cancel their trademarks, since it use to be quicker and allows companies to maintain friendly business relationships.

Última modificación: 
Miércoles, Abril 6, 2016 - 11:49