Cancellation action due to trademark application’s rejection. Our firm is assisting Off White with a cancellation action following the administrative authority’s resolution that rejected the client’s application to register the trademark «OFF» in class 25, which pertains to clothing and footwear. The trademark was rejected due to the pre-existing trademark OF and the respective design in class 25.
Initial favourable decision on lack of trademark use: As a strategy, we initiated the cancellation action due to the lack of use of the trademark OF. Initially, the authority declared the cancellation action founded. However, upon appeal, the administrative court, in an erroneous interpretation, considered the cancellation action unfounded, accepting as proof of use photographs that had no date and receipts for the commercialisation of four products. We then initiated a court action to challenge the administrative resolution.
Securing trademark protection for luxury fashion brand: Off-White is an Italian luxury fashion brand founded in 2013 and with manufacturing based in Milan. The brand is recognised for its unique combination of urban style and high fashion, focusing on quality materials and innovative designs. The «OFF» trademark is a significant component of the client’s portfolio, which includes a range of clothing and accessories that reflect contemporary culture. Our work is therefore essential to secure trademark protection for the client in Peru.
Latest development: There was an attempt to reach an agreement with the other party; however, it was unsuccessful. The court proceeding is still pending a decision.
