Validity period of well-known status
By Espinosa Bellido Abogados
The Court of Appeals of the National Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi) of Peru issued a decision establishing the validity period of a trademark's well-known status.
The Court held that there is no need to prove notoriety if the lapse between the date on which the trademark was recognised as well-known and the date when the rights are sought to be exercised is equal to or less than 5 years. However, if the lapse of time is more than 5 years it is necessary to prove notoriety.
