Colombia, Peru, Ecuador, and Bolivia are member states of the Andean Community. Trademark oppositions in these countries are governed under Title VI, Chapter II of Decision No. 486 issued by the Commission of the Andean Community, which establishes the Common Industrial Property Regime.
Trademark prosecution and oppositions are handled by the following authorities:
- Colombia: Superintendency of Industry and Commerce (SIC)
- Peru: National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI)
- Ecuador: National Intellectual Property Service (SENADI)
- Bolivia: National Intellectual Property Service (SENAPI)
Trademark Opposition Procedure
- Notice of Opposition – Any person having legitimate interest can file an opposition within 30 days following publication of the mark.
- Evidence in Support of Opposition – Evidence can be filed with the notice of opposition. However, at the request of the opponent, a further period of 30 days can be requested to submit evidence in support of opposition.
- Counter Statement – The Registry serves the notice of opposition on the applicant and provides them a time of 30 days to file their counter statement and evidence.
- Evidence in Support of Application – Evidence can be filed with the counter statement. However, at the request of the applicant, a further period of 30 days can be requested to submit evidence in support of application.
- Decision & Order – After considering all the arguments and evidence submitted by both the parties, the IP Office will issue a resolution on the grant or refusal of registration of the mark.
Appeal to Decision of the Opposition
The applicant may file an appeal against a refusal within 10 working days from the notification of the decision. Notifications are considered effective one month after the email is sent to the applicant informing them of the refusal.
For more information on trademark opposition in Ukraine, please write to us at foreign.opp@ssrana.com