Use it or lose it

Peru’s National Institute of the Defence and Protection of Intellectual Property (INDECOPI) tends to be very rigorous in checking the use of trademarks that third parties are trying to have cancelled.

Articles 165 to 170 of Decision 486, under the Common Regime of Industrial Property of the Commission of the Andean Community, state that a partial cancellation occurs when a trademark is not being used in relation to all the products or services for which it was granted. In these cases, the mark ceases to cover these products or services, and just covers the goods or services whose use is proven. A complete cancellation affects all products or services protected by the mark.

To prove non-use, the trademark must not have been used by its owner or licensee in Peru or any other member of the Andean Community for three consecutive years, unless there is a reasonable excuse.

To avoid either partial or complete cancellation, the owner must demonstrate the use of the mark in Peru or in any other country of the Andean Community, through commercial invoices, publicity, catalogues, accounting documents or audit certificates that show the continuity and the quantity of merchandise commercialised under the registered brand.