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Peru and the distinctive trademarks
The Peruvian trademark office recently reported that in recent years, different signs have been recognized as distinctive and have been characterized as well-known trademarks. These brands have achieved such recognition after a rigorous evaluation of the Directorate of Distinctive Signs, based on Article 224 of Decision 486 of the Andean Community.
The fact that a certain trademark’s notoriety has been recognized is an exceptional situation that very few brands achieve. Such recognition brings stronger protection not only against risks of confusion but also against the risk of misappropriation of the prestige of the sign and dilution of its distinctive force. The fact that the authority declares a certain mark as notorious does not imply that it will enjoy the privileged status permanently, because that quality is variable over time. It also could be conditioned to the owner’s efforts to keep said trademark as notorious in the market.
An example of this type of recognition for a trademark is the case of the local trademark “Asu Mare”, owned by Carlos Alberto Alcantara Vilar. He fulfilled all the requirements and achieved the recognition as a well-known brand thanks to the wide acknowledgement of the sign (intense advertising campaign), hype, the wide geographical scope of its use, among other criteria. The trademark “Asu Mare” distinguishes a local produced comedy film. For more information on this film, please click here.
Specific criteria include: a) the actual knowledge about the existence of the mark by the population of the country in question, which should be a member of the Andean Community; b) the duration, extent and geographical scope of its use and c) the promotion inside or outside any member country; advertising, presentations at fairs, exhibitions or other events.