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:
The rest of this article is locked for subscribers only. Please login to continue reading.
If you don't have a login, you will need to purchase a subscription to gain access to this article, including all our online content. Please use this link and follow the steps.
For multi-user price options, or to check if your company has an existing subscription to us that we can add you to for FREE, please email Atif Choudhury at achoudhury@worldipreview.com
mixed mark, Menticol
