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.

Espinosa Bellido Abogados

The Industrial Property work of Estudio Francisco Espinosa Bellido Abogados started in 1941 with Dr. Francisco Espinosa Sánchez, father of current senior partner Dr. Francisco Espinosa Bellido and grandfather of current partner Dr. Francisco Espinosa Reboa.

In its 69 years of outstanding legal work the firm has represented the interests of several national and international clients, companies and foreign correspondents obtaining and defending their industrial property rights in Peru, while also displaying an active and remarkable participation in the direction of professional associations in our speciality.

We specialize in counselling, prosecution and litigation in trademarks, patents, trade names, slogans, industrial designs, copyright, domain names, enforcement of those rights as well as unfair competition.

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