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News article19 July 2021

Two new precedents regarding trade mark cancellation actions in Peru

Latin America

The Peruvian Administrative Court of Appeals has recently concluded regards trade mark cancellation actions the following:

- The same evidence may prove the use of two or more trade marks in different cancellation actions, provided that the marks are used simultaneously or jointly.

- If the trade mark that is the subject of the cancellation action consists of packaging or unfolded packaging: the owner must demonstrate the use of the mark as it is registered with respect to all sides of the packaging, provided that they contain elements that are relevant and the absence of which would constitute a substantial modification.

Would you like to know more about how can you benefit from these two recent precedents of the Peruvian Administrative Court of Appeals.

To read more, please refer to the WTR website.

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