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31 January 2007

Resolution outlining protection available to well-known marks issued

The Andean Court of Justice has issued a resolution on the interpretation of Andean Community Cartagena Agreement Committee Decision 344 on a Common Industrial Property Regime, indicating that there are two types of 'well-known mark', namely notorious marks and renowned marks. The court also stated that notorious marks should be granted less protection than that offered to renowned marks.

27 June 2006

Peruvian Congress discusses free trade agreement

The Peruvian Congress has commenced intensive discussions regarding approval of the free trade agreement signed with the United States, which will bring in numerous changes to Peru's trademark and geographical indication registration and protection systems. It is not yet clear whether the agreement will be approved by the current Congress or by the one taking office on July 28 2006 following elections earlier this year.

30 May 2006

Non-use guidelines issued by Andean Court of Justice

The Andean Court of Justice has issued a new set of rules which will assist in determining if a mark is technically in use. The decision was based on an interpretation of Article 110 of Decision 344, which was replaced by Decision 486 in 2000. However, as the wording of Article 110 is the same as that in Article 166 of Decision 486, it is thought that the court's guidelines will also apply to Decision 486.

08 March 2006

Beer bottle case sets new guidelines for 3-D mark examination

In a case involving the shape of a bottle for beer, the Administrative Court has issued a resolution that sets new guidelines for the examination of three-dimensional marks. The court held that in assessing whether a shape is the usual shape for the goods at issue, account should be taken of international markets, and similar, competing or related products.

19 January 2006

Criteria for cancellation for non-use clarified

The Administrative Court has partially overruled a decision of the Trademark Office and has indicated that a mark should be cancelled in respect of all products in relation to which there is no evidence of use. Among other things, the court clarified that this is the case even if such products are similar or related to those for which there is sufficient evidence of use.

15 July 2005

Viagra tablets shape mark not fit for registration

The Administrative Court has rejected Pfizer Inc's application to register the three-dimensional shape of Viagra tablets as a trademark on the grounds that it lacks distinctiveness. The court found that (i) other pharmaceutical companies use similarly shaped tablets for similar products, and (ii) only secondary features distinguish the Viagra shape from these other shapes.

08 July 2005

Proof of use requirements in cancellation actions spelt out

A meeting between the Peruvian Association of Industrial Property and officials from the Trademark Office has led to a number of proposals regarding the evidence required to prove use within the context of a non-use cancellation action. Among other things, notes from the meeting suggest that licence agreements need not be registered in order for use of the mark in issue by the licensee to be perceived as valid use.

21 June 2005

Survey showing secondary meaning saves bottle mark application

The Trademark Office has reversed a decision in which it was held that a three-dimensional mark consisting of the shape of a beer bottle lacked distinctiveness and thus was not registrable. On reconsideration, the office found that a survey submitted by the applicant clearly showed that the shape mark had acquired secondary meaning.

11 April 2005

EBEL PARIS unfair as products are not from France

In Fédération des Industries de la Parfumerie v Ebel International, the Trademark Office of Peru has upheld an opposition to the registration of EBEL PARIS for goods in Class 3 of the Nice Classification. It found, among other things, that the trademark was misleading because it gave consumers the false impression that the products sold under the mark came from France.

15 December 2004

BIOSILK worms its way out of opposition

In Farouk Systems Inc v Multi International SRL, the Trademark Office of Peru has dismissed the plaintiff's opposition to the registration of BIOSILK. Among other things, it stated that the defendant had better rights to the mark as it had applied to register it in an Andean Community country two years before the plaintiff's first Andean Community application.

19 July 2004

Nº1 mark lacks distinctiveness

The Administrative Court has upheld a Trademark Office decision to refuse registration of the service mark Nº1 on the grounds that it lacked sufficient distinctive character. The court agreed that the proposed mark was a laudatory sign that should be available to everyone.

28 May 2004

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.

06 April 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 maicena (meaning 'fine corn flour'), which is descriptive of some of the products for which registration was sought.

10 February 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.

29 January 2004

Reasonable indications of bad faith invalidate registration

In Kimberly-Clark Worldwide Inc v Escardo Cuglievan, 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.