It is possible to request the cancellation of the registration of a trademark in Peru?

Under the current legal framework, Decision 486 of the Andean Court, it is established that it is admissible to proceed with the process of canceling the registration of a trademark, if it is proven that the owner, a licensee or an authorized person has not made use of it and in any of the member countries of the Andean Community (CAN), for a period of three consecutive years, from the date of notification of the resolution that exhausts the registration procedure.

According to the norm, the authority must order a reduction or limitation of the list of products and / or services included in the registry, not affecting it in its entirety, because the intention is to accurately reflect the actual use of the brand in the market.

It should be noted that the cancellation of a trademark registration due to lack of use may also be requested, as a defense, during an opposition procedure filed based on the unused trademark.

As specialists in the registration of trademarks in Peru and all of Latin America, OMC Abogados & Consultores is at your entire disposal to provide you with more information or advice on the subject, for this you only have to write to the following emails: omago@omcabogados.com and marketing@omcabogados.com.pe