Trademark notoriety in Peru: the five-year criterion for evidentiary enforceability
A new binding precedent issued by INDECOPI introduces an important time criterion for owners of well-known trademarks: previously recognized notoriety may be invoked without new evidence only within a maximum period of five years.
A relevant precedent for well-known trademarks
In the field of distinctive signs, trademark notoriety grants right holders important tools for enforcement. However, this status is neither automatic nor indefinite. The analysis prepared by Guillermo Melgarejo Zorrilla and Manuel Fernández-Stoll Zar examines the impact of Resolution No. 0330-2024/TPI-INDECOPI, in force since March 2024, which sets a five-year maximum period for relying on previously recognized notoriety without filing new evidence.
This criterion limits the scope of the presumption of continued notoriety and clarifies when a right holder may rely on a prior administrative decision and when it must prove again that the trademark still enjoys recognition in the market.
What does the five-year criterion establish?
The binding precedent distinguishes two main scenarios for owners of well-known trademarks:
- If the rights arising from notoriety are invoked within five years from the date of recognition, the resolution declaring such status is sufficient.
- If more than five years have elapsed, the owner must submit new evidence proving that the trademark continues to enjoy notoriety.
The rule is based on a key premise: notoriety is not a permanent condition. It depends on changing market factors such as use, dissemination, public recognition and actual commercial presence.
Practical impact for rights holders
The decision provides greater predictability in administrative proceedings and requires owners of well-known trademarks to manage their evidence on an ongoing basis. Prior recognition remains useful, but its evidentiary value becomes insufficient once the five-year threshold has been exceeded.
- Maintain updated evidence of use, advertising, market presence and consumer recognition.
- Review the evidentiary validity of decisions recognizing trademark notoriety.
- Prepare sufficient supporting evidence before filing opposition, cancellation or infringement actions based on notoriety.
A standard based on prudence and legal certainty
Although Resolution No. 0330-2024/TPI-INDECOPI does not provide an arithmetic or statutory explanation for the five-year period, the article notes that the threshold reflects a reasonable approach: it avoids excessive evidentiary burdens over short periods while preventing outdated recognition from being relied upon indefinitely.
For companies, this interpretation reinforces the need to treat trademark notoriety as a dynamic asset that requires continuous monitoring, documentation and legal strategy.
Download the full analysis
This summary highlights the main points of the article. To review the full discussion of the precedent, its reasoning and its implications for the enforcement of well-known trademarks in Peru, download the PDF prepared by Estudio Colmenares & Asociados.
