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17 May 2021
This article is part of a series on trademarks in Peru.(1)
Can trademarks be removed from the register in Peru, and if so, under what circumstances?
Trademarks can be removed from the register if:
Trademarks may also be removed from the register where a party files a cancellation action based on non-use.
What mechanisms are available for trademark owners to enforce their rights in Peru?
Trademark owners may file infringement or unfair competition actions. Further, trademark owners may file an application with the Customs Office which includes information about the trademark's registration in the Trademark Office. Following the filing of such application, if counterfeit goods arrive in Peru, the Customs Office will not only be able to detect them, but will also be able to retain them to prevent them from reaching the importer and entering the Peruvian market.
What remedies are available to prevent trademark infringement in Peru?
It is difficult to prevent third parties from trying to carry out acts of infringement against registered trademarks. However, parties may prevent actions such as the commercialisation of counterfeit goods or the use of the registered trademark without permission by filing an infringement action.
How are damages calculated for trademark infringement in Peru?
The calculation of damages takes into consideration:
Can trademark applications and registrations be assigned to another party in Peru, and if so, how?
Trademark applications and registrations can be assigned by filing an assignment application. Such application must be accompanied by an assignment contract which contains information about the assignor, the assignee and the trademark. The contract must be signed by both parties.
Can trademarks be licensed in Peru, and if so, how?
Trademarks can be licensed by filing a licence application. Such application must be accompanied by a licence contract which contains information about the licensor, the licensee and the trademark. The contract must be signed by both parties.
For further information on this topic please contact Oscar Mago at OMC Abogados & Consultores by telephone (+51 1 628 1238) or email (email@example.com). The OMC Abogados & Consultores website can be accessed at omcabogados.com.pe.
(1) For the first article in the series, please see "Trademark registration FAQs".
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