INDECOPI Peru clarifies the validity period of a trade mark's well-known status

On 20 March 2024, the Court of Appeals of the INDECOPI of Peru issued a decision establishing the validity period of a trade mark's well-known status.

The Court held that there is no need to prove notoriety if the lapse between the date on which the trade mark 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.

The Resolution N° 0330-2024/TPI-INDECOPI involving the iconic Nike's ‘swoosh’ trade mark can be found here.