Appeal against rejection of trademark registration. Our firm is assisting Livon Laboratories with an appeal before the National Institute for the Defence of Free Competition and the Protection of Intellectual Property (INDECOPI) following the trademark authority’s rejection of the trademark ALTRIENT in class 5.
Lack of confusion between trademarks: The client filed for the registration of the trademark ALTRIENT in classes 5 and 35. The Peruvian Trademark Office granted the trademark ALTRIENT in class 35 but rejected it in class 5 due to the pre-existing trademark ARTRI-END in class 5. We appealed this decision, arguing that the marks are not confusing and can coexist in the market without risk of confusion.
Essential IP protection for developer of innovative dietary supplements: LivOn Laboratories is an American laboratory that developed Lypo-Spheric® Vitamin C, the first dietary supplement using liposomal encapsulation technology. Considering that it was a multiple trademark application, we requested the division of the trademark application in class 35 so that it could be registered, and the appeal procedure could continue in class 5. Thus, the case is essential for LivOn to protect its trademark ALTRIEND in Peru.
Latest development: Our appeal is pending resolution in the second and final instance.
