Introduction
A Peruvian trademark, “Tiki Toki,” has recently won a high-profile case for intellectual property rights. In a dispute presented before INDECOPI (Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual – National Institute for the Competition Defense and Intellectual Property Protection), “Tiki Toki” succeeded in having the trademark registration of the TikTok platform rejected in Peru, due to possible confusion in the market.
Background
The trademark “Tiki Toki,” a Peruvian company, has been consolidating its position in the national market for some time. In 2018, it challenged the trademark registration requested by the Chinese social network TikTok before INDECOPI, arguing that the similarity between both names could confuse, 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 local trademarks and avoiding unfair competition that could arise from similar names in the market. This ruling underscores the agency’s commitment to defend Peruvian companies from foreign ones with high commercial power.
Intellectual Property Implications of This Ruling
This precedent is significant in defending intellectual property rights in Peru, as it strengthens the position of local trademarks against international giants. The INDECOPI’s ruling marks a relevant reference point for other local companies facing similar situations and the right of Peruvian businessmen to defend their trademarks against possible confusion or improper associations.
Conclusion
This ruling allows “Tiki Toki” to maintain its trademark without the concern of being overshadowed or confused with the popular social network TikTok. This case is 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)