The Andean Community Court of Justice recently issued a Pre-Judgement Interpretation (a general binding opinion) within process 284-IP-2021, related to an opposition proceeding between two companies in the food sector in Bolivia. The inquiry focused on the importance of the opponent’s legitimate interest as regulated in Decision 486 (Common Trademark Law for Colombia, Peru, Ecuador and Bolivia). The binding opinion emphasizes that legitimate interest is essential for admitting the opposition. The opponent must have a valid and direct reason to oppose, such as the possibility that the trademark applied for registration is identical or similar for products or services to a trademark previously registered by the opponent. Without this interest, the opposition shall not be admitted for evaluation.

The opposing party’s legitimate interest is not affected by subsequent events. If, after admitting the opposition, circumstances arise that affect the registration of the sign, such as rejection, expiration, cancellation, or annulment, this does not retroactively affect the legitimate interest of the already admitted opposition. However, it will influence the decision on the opposition since the object of the opposition, in this case, the trademark on which the action was based, disappears. This binding opinion is crucial for any company or individual wishing to oppose the registration of a trademark in the Andean Community and wondering what happens if its rights are in peril or at risk when they file. It is essential to demonstrate a legitimate interest to file an opposition, ensuring that only oppositions with solid grounds are considered.