He National Institute for the Defense of Competition and Intellectual Property Protection (INDECOPI) resolved to grant the Doutddes brand record To the Peruvian entrepreneur Zoila Luz Bañez Leyvadismissing in Second and last administrative instance the opposition presented by The Coca-Cola Company.
Through the Resolution No. 0446-2025/TPI-Indecopiissued March 17, 2025the Specialized Intellectual Property of Indecopi concluded that There is no risk of confusion or association Between the Doutddes brand and the renowned Coca-Cola brands, which have elements such as the iconic “Ondulant tape” In its graphic design.
The Peruvian entrepreneur requested the registration to distinguish products such as clothing, footwear and hatswhile Coca-Cola argued that the Doutddes logo imitated visual elements of its registered trademarks for non-alcoholic beverages.
However, after a technical and legal analysis, the Chamber determined that:
- The signs are clearly differentiable both in its design and in its phonetic expression.
- The products to be identified belong to totally different categorieshence There is no risk of confusion for consumers.
- It was not proven that Doutdes search Unjustly take advantage of notoriety or the advertising value of Coca-Cola brands.
With this decision, Indecopi Confirm the validity of the requested brand record In the first instance, providing legal certainty and support for Peruvian entrepreneurship. The agency also reiterated that its failures are issued under a process technical, impartial and transparentin accordance with current legislation on intellectual property.
This case represents a important precedent for entrepreneurs in Perudemonstrating that it is possible to register its own brand even in the face of oppositions of large multinationals, provided that the established legal criteria are met.
