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Barreda Moller writes...

Cancellation of Service Marks in Peru

The Andean Community Legislation, Decision 486, allows for the cancellation of trademarks if not in use for at least three continuous years prior to the filing of the petition for cancellation. Decision 486 clearly defines the documents needed to show use of the mark whether identifying products or services.

The Intellectual Property Chamber of the Administrative Court in recent decisions has reaffirmed that in case of service marks, evidence of use can, in certain circumstances, limit itself to use in advertisement placed in commercial establishments or in objects or goods used to render a particular service recognizing that in case of invoices showing the rendering of services, generally the mark does not appear next to the description of services rendered. It has further stated that in addition to invoices showing sale of services, or copies of the service agreement or advertising material, the fixation of the registered mark in objects or places which can be perceived by consumer as identifying a particular source, will be considered as relevant evidence of use. It has further declared that in case of service marks, advertisement has more importance than advertising of product marks, it being essential to assess if the advertisement of service marks is sufficient to identify a particular source.

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