Defence against trademark oppositions in footwear industry. Our firm is advising Comercializadora de Calzados y Vestuario Gotta (Gotta) in connection with the registration for the trademark GOTTA, figurative logo, and figurative trademarks in class 25. Vans filed four oppositions based on its trademark VANS, including the V design, in class 25.
Lack of confusion among consumers and coexistence of trademarks in other jurisdictions: Our defence arguments are based on the fact the trademarks are not similar and will not lead to confusion among consumers. In addition, different trademarks coexist in the same class, including the V design, and the trademarks coexist in other jurisdictions, such as Chile.
All-encompassing legal strategy: We are assisting the client in designing a strategy to protect its trademarks in the Peruvian market while also working on trademark registration.
Relevant Chilean company with widely accepted products in Peru: GOTTA is an important Chilean footwear company founded in 1992. In Peru, its shoe designs have been widely accepted by the consumer public, which positions the country as an essential market for Gotta products.
Pivotal case for client given suspension in products commercialisation: The client is very interested in the outcome of these oppositions since it suspended the commercialisation of its products until these proceedings are resolved. In this case, we even filed a claim about the delay in the resolution, which was granted by the authority.
Latest development: The oppositions have been answered. The procedures are pending at the first administrative level.
