Marcas

Registration of "Portier Professional" Mark and Logo Anulled for Bad-Faith Filing

After nearly two years of nullity proceedings, the PTO concluded that the registration had been obtained in violation of the principle of good faith, a fundamental requirement for trademark protection.

By Renzo Scavia, Scavia & Scavia

By Resolution No. 1660-2024/CSD-INDECOPI, dated March 28, 2025, the Peruvian Trademark Office (PTO) annulled the registration of the "PORTIER PROFESSIONAL" mark and logo.

The registration, granted under Certificate No. P00272307 on November 11, 2018, had been obtained by Ms. Flor Carpio, a Peruvian individual, who filed the application with the intention of appropriating a trademark belonging to Portier Cosméticos Ltda., a Brazilian company that had previously registered and used the PORTIER trademark in Brazil and Europe in the beauty and cosmetics sector.

After nearly two years of nullity proceedings, the PTO concluded that the registration granted to Ms. Carpio had been obtained in violation of the principle of good faith, a fundamental requirement for trademark protection under Andean Community and Peruvian trademark law.

In reaching its decision, the PTO relied on documentary evidence —including commercial records and email correspondence— that unequivocally demonstrated not only the existence of a prior distribution relationship between Ms. Carpio and Portier Cosméticos Ltda., but also the registrant's unfair conduct in marketing PORTIER PROFESSIONAL products without authorization from the rightful trademark owner.

The decision also reaffirms that, although the principle of territoriality governs trademark protection, an exception applies in cases of bad-faith filings, where prior knowledge of a foreign mark and a commercial relationship with its legitimate owner suffice to invalidate a local registration obtained in breach of good faith.

This ruling underscores the importance of acting in good faith and respecting the intellectual property rights of foreign businesses, particularly when a prior commercial link exists and the local applicant seeks to exploit a preexisting brand reputation.

The decision has been appealed.