A reality check in trademark cases

01-12-2011

Fayssy Delion

We welcome the decision issued by the Peruvian Trademark Office that upheld the opposition against the registration of the trademark BILLALCON SURFERS and logo in Class 25 by Jose Almeida Contreras.

We welcome the decision issued by the Peruvian Trademark Office (INDECOPI) that upheld the opposition against the registration of the trademark BILLALCON SURFERS and logo in Class 25 by Jose Almeida Contreras.

Clearly the registration would damage the interests of our client GSM (Operations) from Australia, owner of the well-known brand BILLABONG, which uses the same type of letter font in some of its logos.

Regrettably, the first administrative instance issued Resolution N º 1020-2010/ OSD dated May 3, 2010, using an unusual definition of the local surfing apparel market, found that products covered by the mark in conflict produced a different pronunciation and intonation, despite of the fact that BILLALCON SURFERS and BILLABONG shared some similar letters and sounds.


INDECOPI, trademark, Billabong

WIPR