Indecopi Grants Trademark Registration to Peruvian Brands “Loritos tu marca de confianza” and “The Puna”

The Peruvian trademarks “Loritos tu marca de confianza” and “The Puna” have successfully secured their registrations. This follows the dismissal by Indecopi of oppositions filed by multinational corporations “PepsiCo” and “Puma”.

Case Analysis: “Loritos” vs. “Doritos” ((Class 30))

Regarding the opposition filed by “PepsiCo” which claimed a similarity between “Loritos tu marca de confianza” and its brand “Doritos”within Class 30 (covering food products such as coffee, rice, or salt), the tribunal ruled in favor of coexistence.The board determined that both marks can coexist without causing consumer confusion. This decision was based on the fact that the signs exhibit sufficient phonetic, graphic, and conceptual differences:

Conceptual Distinction: “Loritos” evokes a bird (parrot), whereas “Doritos” is a fanciful term. Graphic Elements: The presence of distinct visual components, including the illustration of two parrots and a unique color palette, further differentiates the signs.

Case Analysis: “The Puna” vs. “Puma”

In the case involving the German sportswear brand Puma, Indecopi’s Specialized Chamber on Intellectual Property identified clear distinctions in structure, pronunciation, and global perception compared to the Peruvian brand The Puna.

The resolution emphasized that although “Puma” is recognized as a well-known trademark in Peru, this status does not automatically preclude the registration of other signs. A comprehensive evaluation must always be conducted to determine if a real risk of confusion or unfair advantage exists.

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