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19 April 2021
Pursuant to Andean Court Decision 486, it is possible to cancel a trademark registration where it can be proved that the owner, licensee or other authorised party has not used the trademark in any of the member countries of the Andean Community, including Peru, for three consecutive years. Such period must start at least three years from the registration date.
In such cases, the National Institute for the Defence of Competition and Protection of Intellectual Property will alter the list of the affected party's products and services in the Peruvian trademark registry accordingly. The trademark registry aims to accurately reflect the actual use of brands in the market.
Parties may also request the cancellation of a trademark registration on grounds of lack of use during an opposition procedure.
For further information on this topic please contact Oscar Mago at OMC Abogados & Consultores by telephone (+51 1 628 1238) or email (firstname.lastname@example.org). The OMC Abogados & Consultores website can be accessed at omcabogados.com.pe.
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