Region: Peru

COPYRIGHT fails to make its mark for paper

The Administrative Court has upheld a Trademark Office decision to refuse to register COPYRIGHT as a word and design mark on the grounds that it lacked distinctiveness. The court also reasoned that it could not grant exclusive rights in a word that must be used by all authors under Peruvian law and whose design was similar to the well-known copyright symbol.

28 May 2004

Supreme Court clarifies parallel import provisions

The Peruvian Supreme Court has broadened the interpretation of the parallel import provisions of Andean Community IP legislation. It held that where a local mark owner has an economic relationship with a company that legitimately puts identical goods on to the market in another country, the local mark owner cannot oppose the parallel importation of these goods, even if they bear a similar - rather than identical - mark.

14 May 2004

Phonetic similarity with descriptive term precludes MAIZENA registration

The Administrative Court has upheld a decision to refuse registration of the mark MAIZENA. Among other grounds for refusal, both the court and the Trademark Office found that the mark was phonetically similar to <i>maicena</i> (meaning 'fine corn flour'), which is descriptive of some of the products for which registration was sought.

06 April 2004

Partial non-use cancellation actions now available

The Trademark Office has announced that it is now possible to file partial non-use cancellation actions in Peru pursuant to provisions of the Andean Community Decision 486 on a Common Intellectual Property Regime. Partial non-use cancellation actions can now be filed in all Andean Community countries.

10 February 2004

Reasonable indications of bad faith invalidate registration

In <i>Kimberly-Clark Worldwide Inc v Escardo Cuglievan</i>, the Peruvian Trademark Office has declared the mark GRANITO null and void. It found that reasonable indications that the mark had been registered in bad faith were sufficient grounds for invalidation.

29 January 2004

Tommy Hilfiger Case reaffirms grounds for opposition

The Administrative Court has upheld the trademark registrar's decision to reject the registration of a banner design in blue, red and white as a trademark on the basis of Tommy Hilfiger's famous blue, red and white logo. This decision confirms the grounds for opposition established by Article 136(h) of Andean Community Decision 486 on a Common Intellectual Property Regime.

17 July 2003

Famous marks remain well known, rules Supreme Court

The Supreme Court has reversed a lower court's decision suggesting that trademark notoriety is limited and must be assessed dynamically as circumstances change. The Supreme Court held that trademark notoriety is usually static and when a famous mark remains in the marketplace, there is no need to demonstrate continually that it is still well known.

03 June 2003

Trademark Office squashes Caterpillar's infringement claim

US company Caterpillar Inc has lost a trademark infringement case against Peruvian company Piezas y Tractores SA (P&T). The Peruvian Trademark Office held that P&T's use of Caterpillar's CAT and CATERPILLAR trademarks for advertisement purposes complies with Andean Community law.

20 May 2003

Intel opposition rejected in INTELFIN dispute

The Trademark Office has ruled that Peruvian company Inteligencia Financiera SAC may register the service mark INTELFIN, even though Intel Corporation's trademark INTEL is well known and is therefore entitled to protection as a matter of law.

20 February 2003

Cancelling marks for non-use becomes harder

The Administrative Court of Peru has issued guidelines regarding the cancellation of trademarks based on non-use. Among other things, the trademark owner must prove that it "sufficiently used" the mark during the three years prior to the commencement of the cancellation action.

05 December 2002

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