How to prevent the cancellation of your brand due to lack of use?

Trademark cancellation requests due to lack of use have become more and more frequent in recent years, and at the same time this is one of the most recurrent problems that trademark owners have, especially those who do not have a lawyer or for different reasons. have changed their address indicated in the registration application.

Whoever requests the cancellation of a trademark due to lack of use is only concerned with pointing out that said trademark is not being used, without having to prove it, and it will be the trademark owner who must present the necessary evidence to preserve the trademark.

RECOMMENDATIONS:

1. Notify Indecopi when you make any change to your home address and / or email, since it will be there where the cancellation of your trademark filed by a third party is notified.
2. Keep the necessary proof of use of the brand or brands that you have registered (tickets, invoices, publications on social networks, merchandising, among others).
3. Keep in mind that, if you are not using your brand in Peru, but in another member country of the Andean Community (Bolivia, Colombia, Ecuador), the tests will be valid in any of the other countries to prove its use.
4. If your registered trademark presents graphic or denominative variations, a new registration in Indecopi would have to be carried out, after evaluation by a specialist.

If you have questions or want us to carry out an evaluation with an expert to see if you are using your trademark correctly, contact us at 📲 963 578 123