OPPOSITION AGAINST REGISTRATION OF A TRADEMARK
Once a new trademark has been applied for, any interested person having a legitimate interest may file a valid opposition for preventing a trademark from being registered.
The opposition may also be filed by either the owner of an identical or similar trademark for goods or services susceptible of leading into error the consumers or the person that first applied for the registration of the trademark in ANY OF THE MEMBER COUNTRIES OF THE ANDEAN COMMUNITY. In this case, it is necessary that the opponent demonstrates a real interest in operating in the market of the country wherein the objection is filed, by applying for the registration of the trademark identical to the one upon which the opposition is based on at the time of filing said opposition.
In both cases, the term for filing oppositions is thirty working days after publication date of extract of trademark application. At the request of a party, the Trade Mark Office may grant an additional term of thirty days for filing proofs supporting the reply.
Enforcing disposition:
Articles 146 and 147 of Decision 486, Common Regime of Industrial Property, of the Andean Community Commission.
Requirements for filing an opposition against a trademark registration:
Opponent's name.
A duly legalized Power of Attorney duly certifying the signatory representation.
Voucher proving the payment of the corresponding rate.
In case of Andean oppositions, it shall be necessary to file during the proceeding the copy of the application or certificate of registration of the Andean trademark upon which the opposition is based on, being this document duly notarized and legalized up to Peruvian Consul.
RENUNCIATION OF REGISTRATION
Owner of a trademark registration may at any time renounce its rights to the registration. The renunciation may be total or partial (when it involves only some goods or services covered by the trademark).
Enforcing disposition:
Article 171 of Decision 486, Common Regime of Industrial Property, of Andean Community Commission.
Requirements for renunciation of registration:
Name of the right holder.
A Power of Attorney duly legalized certifying the signatory representation including express faculties to renounce the registration.
Voucher proving the payment of the corresponding rate.
Remarks:
Renunciation shall no be permitted where there are encumbrances or real guaranty rights that are registered with the competent national office, unless the owners of those rights have given their express consent to such renunciation.
According to current practice in Andean opposition, it is necessary to enclose only single copy of the Andean Certificates. There is no requirement to be certified and authenticated copies up to Peruvian Consul or Apostille.