Trademark opposition to protect important pisco brand. Our firm is advising Viña Tacama on a trademark opposition against the trademark MAGICO DE LOS ANDES— registered by the counterparty in class 33. We are assisting the client by designing a strategy for defending its brand DEMONIO DE LOS ANDES, an important pisco brand (denomination of origin).
Similarity between trademarks and notoriety of client’s brand: The opposition’s arguments are i) the similarity of the idea MAGICO/DEMONIO DE LOS ANDES, ii) the notoriety of the trademark DEMONIO DE LOS ANDES, and iii) the applicant’s bad faith. So far, our involvement in this case has been crucial since we obtained the recognition of the DEMONIO DE LOS ANDES brand as well-known.
Appeal to administrative court: The National Institute for the Defence of Competition and the Protection of Intellectual Property (INDECOPI) declared the opposition unfounded. We appealed, and the administrative court recognised the trademark DEMONIO DE LOS ANDES as well-known and requested that the Commission re-analyse the trademarks in dispute, considering the argument of notoriety. The Commission declared the opposition unfounded.
Prestigious Peruvian business attending markets worldwide: Viña Tacama is known for its wines, sparkling wines, and piscos. Its main business is the cultivation of fruit and the production of wines. Over the years, Tacama, particularly the DEMONIO DE LOS ANDES pisco, has received prestigious international awards: invaluable prizes for its renowned quality, the fruit of knowledge, experience, and technology. Tacama remains internationally up to date with the highest industry standards, thus reinforcing its position in Peru and the most demanding international markets.
Latest development: Our firm appealed, and the procedure is pending a resolution in the second instance.
