In Peru, trade names are regulated by Title X of Decision 486. This legislation is similar to the legislation covering trademarks. However, the key difference between the two legislations is that the exclusive right to a trade name is acquired by its first use in the market.

Parties may wish to request the cancellation of third-party trade names – for example, as a defence against an opposition or refusal. To date, there is no case law regarding the cancellation of trade names in Peru, so this remains an ongoing issue.

However, in 2018, the Andean Community Tribunal issued an interpretation(1) regarding the cancellation of a trade name in Ecuador. The Tribunal held that applicants should be able to remove from the registry commercial names that are formally in force but that are not materially in use.

As both Ecuador and Peru are members of the Andean Community – and are therefore ruled by the same trademark law – it is hoped that the criteria set out in this case would also be applicable in Peru.

For further information on this topic please contact Oscar Mago at OMC Abogados & Consultores by telephone (+51 502 6467 or +51 635 0641) or email ([email protected]). The OMC Abogados & Consultores website can be accessed at


(1) IP-171-IP-2018.