Region: Peru

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.

03 June 2003

US company Caterpillar Inc has lost a trademark infringement case against Peruvian company Piezas y Tractores SA (P&T). The Peruvian Trademark Office held that P&T's use of Caterpillar's CAT and CATERPILLAR trademarks for advertisement purposes complies with Andean Community law.

20 May 2003

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.

20 February 2003

The Administrative Court of Peru has issued guidelines regarding the cancellation of trademarks based on non-use. Among other things, the trademark owner must prove that it "sufficiently used" the mark during the three years prior to the commencement of the cancellation action.

05 December 2002