Cancellation action over alleged lack of trademark use in Peru. Our firm is assisting Garmin Switzerland GmbH in a cancellation action brought by Xfusion Digital Technologies against the trademark FUSION, registered in Peru in class 9. The counterparty alleges that the trademark has not been used in Peru or any country of the Andean Community. Therefore, our work consists of gathering evidence to prove the use of the FUSION trademark in class 9.
Leading multinational player in technology industry: Garmin Switzerland GmbH is a subsidiary of Garmin Ltd., a multinational technology company known for its innovative GPS technology and wearable devices. The Swiss group has established itself as a leader in various markets, including automotive, aviation, marine, outdoor, and fitness.
Important brand in client’s portfolio at stake: This case is challenging because the cancellation action refers to the FUSION brand, related to marine activities, and is a significant part of Garmin’s portfolio.
Latest development: We filed the answer to the cancellation action and submitted evidence to show the use of the FUSION trademark in Peru. The procedure is pending resolution at the first administrative level.