'Real interest' in trademark proceedings


Ana Delion and Alain Delion

The Special Administrative Board in Lima recently ruled in favour of Perfumeria Lemaitre in its case against Dyvempro over the ‘Menticol’ trademark.

The board based its decision on the fact that Dyvempro expressed its real interest in Perfumeria Lemaitre’s mark outside of the time allowed by provision of Andean Community Decision No. 486. Dyvempro took two years and one month to register its real interest in the mark, even though the decision calls for it to be raised in parallel with the opposition application.

The court upheld Perfumeria Lemaitre’s claim to the Menticol mark, and declared the Peruvian patent office’s (INDECOPI) 2007 confirmation of its previous rejection of the mark void. The court also called on INDECOPI to issue a new decision in compliance with the law.

INDECOPI appealed on the following grounds:

mixed mark, Menticol