The IPC has issued a resolution stating that when products are not covered by a registered trademark, but are similar to goods explicitly mentioned in a certificate of registration, the goods have effectively been used.
The Intellectual Property Court recently issued a welcome resolution stating that when products are not covered by a registered trademark, but are similar to goods explicitly mentioned in a certificate of registration, the goods have effectively been used and therefore the registration cannot be cancelled.
The Peruvian Intellectual Property Office—INDECOPI—takes into account jurisprudence from 2005, which established this criterion, allowing trademark registrations to cover products that were not specified in the registration, but are similar to the products covered by the trademark.
Secondary modifications
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Proof of use, marks, INDECOPI
