Trademark opposition due to similarity and confusion. Our firm is advising Orizon on filing an opposition against the trademark SAN JOSE, registered by the counterparty in class 29, in relation to the SAN JOSE trademark registered in Peru in class 29 by the client. We argue these trademarks are identical and cover identical products; consequently, the counterparty’s trademark is similar and confusing.
Cancellation action due to alleged trademark non-use: As a defensive argument, Panificadora San Jose started a cancellation action for lack of use of trademark SAN JOSE, arguing that this trademark has not been used by Orizon in Peru or any other Andean country.
Robust strategy on two work fronts: Therefore, we are assisting the client by designing a robust strategy to defend Orizon’s trademark in Peru concerning two work fronts. The opposition and cancellation action due to lack of use have been answered, and the corresponding evidence has been presented to prove the trademark use in Peru and Colombia.
Major fishing company with strong presence in South America: Orizon is a Chilean fishing company that specialises in producing certified and traceable seafood products for human consumption and industrial use. With a long-standing history, it is part of the Copec Group, which is one of the largest business conglomerates in South America. Orizon carries out activities across Chile and the Andean Community, including Peru and Colombia.
Clarifying potential consequences of trademark opposition: The case at hand highlights the importance of clarifying for the client the potential consequences of trademark opposition, which could result in trademark cancellation.
Latest development: The procedure is pending resolution in the first administrative instance.
