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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.

17 July 2003

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.

03 June 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.

20 February 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.