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Whether you're protecting your existing rights from a conflicting new application, or defending your own published mark, our team at Brealant guides you through the INDECOPI opposition process from start to finish.
Legal Definition of Trademark Opposition
Opposition is the formal process, under Decision 486, that lets a third party challenge a trademark application after publication but before registration.
Purpose and Function of Opposition
It exists to let earlier rights holders and other affected parties prevent a confusingly similar mark from reaching the register, before it can cause consumer confusion.
Protecting Your Position
Whether opposing or defending, a carefully built case — backed by the right evidence — is essential to a successful outcome before INDECOPI.
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Contact
Reach out to Brealant to discuss the published mark you want to oppose, or the opposition you need to defend.
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Search
We review the conflicting application or your own registration and the surrounding evidence.
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Quote
Receive a staged service quote covering each phase of the opposition process.
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Pay
Proceed with secure payment for the stage you're instructing us on.
File
Brealant files the Notice of Opposition, supporting arguments, or evidence, as relevant.
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Wait
Await INDECOPI's process through the response and evidence stages; timing varies by case.
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Response
Receive the outcome — INDECOPI's first-instance decision, or a negotiated resolution.
In Peru, opposition follows a defined sequence: the application is published in El Peruano, opening a 30-business-day window to file an opposition, followed by the applicant's response and INDECOPI's decision, with an appeal available to the Tribunal de Propiedad Intelectual. Knowing exactly where a case sits in that sequence is the clearest way to plan next steps.
Opposition is a serious step with real cost implications, so it's worth a clear-eyed assessment of the conflicting mark, the strength of your rights, and the commercial risk of letting it proceed unopposed. Brealant assesses the merits with you before recommending action.
Opposition is powerful, but it has real limits
Missed Deadlines
An opposition must be filed within 30 business days of publication in El Peruano — miss it, and the right is generally lost.
No Retrospective Effect
Opposition can't undo a mark that has already registered; a nullity action would be needed instead.
Cost and Time
A fully contested opposition, including any appeal, can run 12 months or longer and involve significant professional costs.
Burden of Proof
The opponent must prove its grounds — an opposition without solid evidence is unlikely to succeed.
Partial Outcomes
Opposition may only succeed for some of the contested goods or services, not necessarily all of them.
Brealant gives you a realistic view of the likely outcome, timeline, and cost before you proceed.
A well-run opposition protects a range of commercial and legal interests
Your Existing Brand
Preventing a confusingly similar mark from registering alongside yours.
Consumer Trust
Reducing the risk of customers being misled between your brand and a new entrant.
Market Position
Stopping a competitor from gaining registered rights that could restrict your own future use in Peru or across the Andean region.
Register Integrity
Ensuring only marks that genuinely meet Decision 486's requirements proceed to registration.
Brealant helps you weigh these interests against the cost and time of a contested opposition before you commit.
Opposition follows a defined, multi-stage process
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Publication
The application is published in the Official Gazette El Peruano, opening the opposition window.
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Notice of Opposition
Filed within 30 business days of publication, setting out the legal grounds relied on.
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Applicant's Response
The applicant is given the opportunity to respond to the opposition.
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Decision and Appeal
INDECOPI's Dirección de Signos Distintivos decides, with an appeal available to the Tribunal de Propiedad Intelectual.
An uncontested or straightforward opposition can resolve within several months; a matter that proceeds to appeal commonly runs a year or longer.
Costs scale with how far the matter proceeds
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INDECOPI charges an official fee to file a Notice of Opposition.
depend heavily on whether the matter proceeds to a full evidence exchange, appeal, or resolves earlier.
Brealant scopes and quotes each stage separately, so you're never committed further than you choose to go.
Brealant manages your opposition matter end to end, keeping you informed at each stage and revisiting strategy as the evidence develops, so you can make informed decisions about whether to continue, negotiate, or settle.
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A Notice of Opposition must be filed within 30 business days of the mark's publication in El Peruano.
Any person or business with a legitimate interest can file an opposition, though it is most often brought by the owner of an earlier conflicting mark.
Extensions are limited and must be requested from INDECOPI before the deadline expires; Brealant confirms the exact position for your case.
Yes, many oppositions resolve through negotiation — such as a coexistence agreement or amendment — before INDECOPI issues a decision.
If the opposition succeeds, the application is refused, in whole or the contested classes, and does not proceed to registration.
Common grounds include a confusingly similar prior mark, bad-faith filing, or an application that copies a well-known mark, all assessed under Decisión 486.
Yes, Decisión 486 allows an opposition based on a mark registered in another Andean Community member country, provided you also file to protect it in Peru within a set period.
Proof of the earlier right (registration certificate or evidence of well-known status), a comparison of the marks and goods, and any evidence of the applicant's bad faith if relevant.
Yes, the applicant is notified and has a statutory period to file arguments and evidence defending the application before INDECOPI issues a decision.
The application proceeds toward registration, but you can generally appeal the decision to INDECOPI's Intellectual Property Tribunal within the statutory term.
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
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