Language
When another business is using a name, logo, or mark that's confusingly similar to yours in Peru, a well-drafted cease and desist letter (carta notarial) is often the fastest, most cost-effective way to stop it. Our team at Brealant prepares and sends these letters on your behalf.
Legal Definition of a Cease & Desist Letter
A cease and desist letter, often sent as a carta notarial, formally notifies another party that their use of a mark infringes your registered rights under Decision 486.
Purpose and Function of the Letter
It demands the infringing use stop within a set timeframe, and is typically the first step in enforcement, before any INDECOPI or court action.
Protecting Your Brand
Acting promptly on infringement signals that you actively protect your rights, and often resolves the matter without further escalation.
.svg)
Contact
Reach out to Brealant with details of the infringing use you've identified.
.svg)
Search
We review your trademark rights and gather evidence of the infringing use.
.svg)
Quote
Receive a fixed-fee quote for the letter and any follow-up correspondence.
.svg)
Pay
Proceed with secure payment for the service.
File
Brealant drafts and sends the letter to the infringing party with a response deadline.
.svg)
Wait
We monitor for the other party's response within the deadline given.
.svg)
Response
We advise on next steps based on the response received — negotiation, further correspondence, or a formal INDECOPI infringement action.
In Peru, a cease and desist letter sets out your registered trademark rights, describes the infringing use, and demands it stop within a defined period. A clear, well-evidenced letter is often enough to resolve the matter without escalating to a formal INDECOPI infringement complaint.
Delaying enforcement can weaken your position and allow the infringing use to become more established, and more damaging to your brand. Brealant helps you act quickly and professionally to protect your rights.
A letter is often effective, but it has real limits
No Guaranteed Compliance
The recipient may ignore or dispute the letter, requiring further action.
Not an Order
A letter has no binding legal force on its own — it's a demand, not an injunction or an INDECOPI ruling.
Risk of Overreach
An unsupported or overreaching letter can create risk of a counterclaim.
Doesn't Fix Registration Gaps
If your own rights aren't registered or well-evidenced, the letter carries less weight.
Limited to the Named Party
A letter addresses one infringer at a time; it doesn't stop unrelated third parties.
Brealant reviews your rights carefully before sending anything, to keep your position strong.
A well-prepared letter protects several interests at once
Your Exclusive Rights
Your legal entitlement to control use of your registered mark.
Your Market Position
Preventing customer confusion and dilution caused by a similar mark in the market.
Your Evidence Trail
A documented record showing you actively enforce your rights, useful if further action is later needed before INDECOPI.
Your Brand Reputation
Stopping use that could be lower-quality or otherwise damaging to your brand's reputation.
Brealant makes sure your letter is firm, accurate, and legally sound before it's sent.
This is one of the fastest enforcement tools available
.svg)
Instruction
You provide details and evidence of the infringing use.
.svg)
Review
Brealant confirms your rights and assesses the strength of the claim.
.svg)
Drafting
We prepare a letter tailored to the specific infringement, often as a formal carta notarial.
.svg)
Sending
The letter is sent with a clear response deadline.
Brealant can typically prepare and send a cease and desist letter within a few business days of receiving instructions and evidence.
This is a professional service rather than a government filing
.svg)
There is no government fee for a cease and desist letter, though notarial dispatch (carta notarial) may involve a modest notary charge.
Brealant offers this as a fixed-fee service so you know the cost upfront before we act.
Fixed pricing means you can act quickly without worrying about open-ended costs.
If the letter doesn't resolve the matter, Brealant advises on further options, including negotiation, a formal infringement complaint before INDECOPI, or civil proceedings, so you always know your next step.
.png)
.png)
.svg)
.svg)
A registered trademark strengthens your position considerably, but rights built through genuine use, or a well-known mark, can also support a letter in some circumstances.
Brealant will advise on further options, which can include an INDECOPI infringement complaint, mediation, or civil proceedings.
A poorly evidenced or overreaching letter can create risk, which is why Brealant reviews your rights carefully before sending anything.
Typically within a few business days of receiving your instructions and supporting evidence.
Yes, though for marketplace listings a takedown request direct to the platform is often faster — we can advise on the best combination of approaches.
It's possible if you can show well-known mark status or prior use creating unfair competition, but a registered mark gives you a much stronger, more direct legal basis.
A description of your rights, the specific infringing conduct, the requested actions (stop use, destroy stock, etc.), and a response deadline, tailored to the recipient and the evidence available.
No, it's not a legal prerequisite in Peru, but it's usually a faster and cheaper first move that often resolves the matter without formal proceedings.
We can still send a cease and desist letter targeting the Peruvian sales activity, and coordinate with foreign counsel if further action is needed in the infringer's home country.
We draft in Spanish, since that ensures the letter is unambiguous and enforceable if the matter later proceeds to INDECOPI or the courts.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
.svg)
.svg){kind=icon}
Get expert guidance on your trademark, patent, copyright or design filing. Book a free 15-minute call with an IP specialist — no obligation.
Book My Free Call.avif)
.svg)
.svg)
.svg)
.png){kind=icon}
.png){kind=icon}
%20(1).jpg)
