Region: Peru

adidas AG's battle to register its 'three-stripe' figurative and position trademark in Peru, which lasted for over 15 years, has come to an end. The Administrative Court of Appeals recognised that the 'three-stripe' mark had acquired a secondary meaning and allowed the registration of the mark under Article 135 of Andean Community Decision 486.

23 June 2015

Carlos Alcantara, the producer and creator of the stand-up comedy show and film <I>Asu Mare</I>, has successfully obtained the cancellation of the trademark ASU MARE in Class 16. Among other things, the Trademark Office found that ASU MARE was notorious for services in Class 41, and that the mark had been registered in Class 16 in bad faith with the intention of benefiting unfairly from the notoriety of the ASU MARE mark.

12 June 2015

In a case involving adidas and Representaciones Herov SRL, the Court of Justice of the Andean Community has issued a preliminary interpretation following a request by a Peruvian court. Among other things, the Court of Justice stated that, once a trademark has been found to be notorious, there is no need to analyse whether the goods covered by the conflicting marks are related or not, or to discuss the rule of specialty of trademarks.

01 June 2015

Through Resolution No 4665-2014/TPI-INDECOPI, the Administrative Court of Appeals for Intellectual Property Matters of the INDECOPI has released a new binding administrative precedent regarding the criteria for evaluating whether a co-existence agreement may be accepted or not.

03 February 2015

A Transitory Criminal Court Specialised in Intellectual Property Crimes has been reactivated, due to the quantity of criminal cases originating from IP prosecutors' offices. The court, which will be operating until June 30 2015, will resolve customs and IP enforcement matters, as well as infringement cases.

28 January 2015

The Administrative Court of Appeals has revoked a first instance resolution issued by the INDECOPI and declared that the infringement claim filed by Puma SE against importer Medicina Deportiva SAC was well founded. Among other things, the court held that the leaping feline design displayed on shin guards imported by the defendant was confusingly similar to Puma's logo.

20 January 2015

Following a request for a prejudicial interpretation by Peru’s Eighth Civil Court, the Andean Community Court of Justice has stated that a trade name should be protected in the whole territory of a country. This contrasts with a resolution of the Peruvian Administrative Court of Appeals holding that, if a trade name has not been used in the whole of the country’s territory, the authorities will grant protection only in the part of the territory where use has been proven.

07 January 2015

The Administrative Court of Appeals has revoked a resolution of the Trademark Office in which the latter had rejected a trademark infringement action filed by LVMH against an importer of purses bearing the sign LX and floral designs. The court considered that the LX sign and the floral designs were confusingly similar to LVMH’s monogram trademark.

25 November 2014

The Administrative Court of Appeals has rejected a coexistence agreement between Nissan and General Motors and, consequently, refused Nissan's trademark application for NP300. The court held that, even though the parties had entered into a coexistence agreement, consumers might be confused as the marks NP300 and N300 are similar and cover the same goods in Class 12.

29 October 2014

By means of Resolution No 113-2014-INDECOPI/COD, the Peruvian Trademark Office has created a Transitory Commission which will assist the current commission in solving all pending cases. Due to its significant workload, the PTO took a long time to decide cases, which was not beneficial for trademark holders and applicants.

14 October 2014