Nullity action and oppositions against trademark in food sector. Our firm is assisting Productos Minerva—a traditional coffee brand—in a nullity action against the trademark MINERVA FOOD—related to an exporter of fresh meat and derivatives—and its respective logo in class 29, as well as in oppositions against the same trademark in classes 30 and 35.
Arguments on trademark confusion: We argued that Productos Minerva is the holder of the trademark MINERVA, which is a well-recognised coffee brand in the Ecuadorian market. This trademark is (i) similar to and confusing with MINERVA FOOD registered in class 29 in Peru and (ii) identical to and confusing with MINERVA FOOD in classes 30 and 35.
Comprehensive legal strategy for IP protection: We are assisting the client in designing a strategy to consolidate its rights in Peru. This work therefore includes bringing a nullity action, filing oppositions, and filing its trademark registrations before the National Institute for the Defence of Competition and the Protection of Intellectual Property (INDECOPI). It is worth mentioning this procedure has also been filed in other jurisdictions in Latin America.
Traditional Ecuatorian family-owned business: Productos Minerva is a family-owned business with a successful pathway in Ecuador, known for its production and commercialisation of roasted and ground coffee and its derivatives. The company was founded in 1963 and, in the last 60 years, has become an important part of the Ecuadorian and Andean market culture. With wide experience in the production and distribution process related to coffee, Productos Minerva is a leader in this category.
Challenging case involving two major players with recognised rights: Therefore, this is a challenging case since we must defend our client’s rights against another company that also has recognised rights within the food industry, albeit in different categories. The competent authority will which trademark registration is prevailing under Peruvian intellectual property regulations.
Latest development: The oppositions and nullity action have been answered by the counterparty and the procedures are pending at the first administrative level.
