Indecopi limits Alicorp's Negrita trademark to gelatin

Peru's consumer protection and intellectual property authority, Indecopi, has partially cancelled the trademark registration for Negrita held by consumer goods company Alicorp. Under Resolution 1846-2026/CSD-INDECOPI, the Distinctive Signs Commission determined that the brand and its logo will maintain legal protection exclusively for gelatin products.

The ruling followed an action filed by rival producer Productos Extragel y Universal S.A.C., which sought the partial cancellation of the mark citing lack of commercial use. Under Andean Community regulations, a trademark registration can be cancelled if it has not been used for three consecutive years without justified cause. Alicorp had announced in 2020 that it would stop using the Negrita name as part of a brand transition toward Umsha.

To prove active use during the preceding three-year period, Alicorp submitted commercial invoices, advertising, sworn statements, promotional videos, posters, digital campaign records, and donation receipts. While Indecopi dismissed certain evidence dated outside the relevant window, it accepted proofs confirming market presence and transition campaigns for gelatin.

However, the authority concluded that Alicorp failed to prove sufficient use for the remaining categories under class 29 of the International Classification. As a result of the partial cancellation, Negrita lost protection for jams, jellies, compotes, preserved foods, preserved fruits and vegetables, milk and dairy products, meat, fish, meat extracts, and edible oils and fats.