Introduction
A Peruvian trademark, “Tiki Toki”, has recently won a high-profile case in the fight for intellectual property rights. In a dispute filed before the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI), “Tiki Toki” succeeded in having the trademark registration of the TikTok platform rejected in Peru, on the grounds that its name could generate confusion in the market.
What is the case about?
The trademark “Tiki Toki”, a Peruvian company, has been consolidating its position in the national market for some time. In 2018, it filed before INDECOPI an opposition to the trademark registration requested by the Chinese social network TikTok, arguing that the similarity between both names could lead to confusion, harming its commercial identity and competitiveness. The controversy revolves around the phonetic and visual similarity of both names, which could affect the image and positioning of the Peruvian trademark in the country.
INDECOPI Decision: Protection of National Trademarks
INDECOPI ruled in favor of “Tiki Toki”, highlighting the importance of protecting national trademarks and avoiding unfair competition that could arise from similar names in the market. This ruling underscores the agency’s commitment to protect Peruvian companies from foreign trademarks with high commercial power.
Intellectual property implications of this ruling
This precedent is significant for the defense of intellectual property rights in Peru, as it strengthens the position of local trademarks against international giants. INDECOPI’s ruling marks an important reference point for other national companies facing similar situations and reaffirms the right of Peruvian businessmen to defend their trademarks against possible confusion or improper associations.
Conclusion
With this ruling, “Tiki Toki” can maintain its trademark without the concern of being overshadowed or confused with the popular social network TikTok. This case represents an achievement for the Peruvian company and demonstrates the relevance of defending commercial identity in such a competitive market.
Source: Peruvian company Tiki Toki beats TikTok in dispute in Peru: Indecopi allows it to register its trademark despite the opposition of the Asian giant | Economía | La República (larepublica.pe)