The Specialized Intellectual Property Chamber of the Indecopiin the second and final administrative instance, ruled in favor of the Peruvian entrepreneur Carlos Valle Farfán, allowing him to register the Polo Hit’s brand. This despite opposition from the American multinational company The Polo/Lauren Company.
The opposing company alleged that the Polo Hit’s brand was confusing with its own, arguing that there were graphic and conceptual similarities. However, after a rigorous analysis, Indecopi determined that there was no risk of confusion for consumers and ruled out that the registration was carried out in bad faith.
La Sala noted that Polo Hit’s incorporates a unique design, represented by a medieval knight with shield and sword on a horse, which clearly differentiates it from the visual elements associated with The Polo/Lauren Company, which incorporates a polo player on a equine.
In its resolution, issued on November 25, 2024, the referee reaffirms that brands must be evaluated considering their entirety and their impact on the average consumer, making it clear that the coexistence of brands with similar elements is possible as long as sufficient distinction is guaranteed. .
Through this decision, the Court confirmed the resolution issued in April 2023 by the Distinctive Signs Commission that, in the first instance, declared the opposition of The Polo/Lauren Company unfounded, thus allowing the registration of the Polo Hit’s brand. in class 25, to distinguish clothing, footwear and headgear.
“In this way, Indecopi reaffirms that its resolutions are issued in accordance with current regulations, guaranteeing a technical, impartial and transparent administrative process,” Indecopi stated in a statement.
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