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ARTICLE · 03 JUNE 2016

Registration Of Tactile Marks

Article 134 of Decision 486 sets forth a list of marks which can become trademarks. In this sense, although the cited article does not expressly indicate tactile marks, since the referred list is expository, said list includes textures.

PeruIntellectual Property
Barreda Moller
Barreda Moller

Article 134 of Decision 486 sets forth a list of marks which can become trademarks. In this sense, although the cited article does not expressly indicate tactile marks, since the referred list is expository, said list includes textures.

The Court of Justice of the Andean Community has given opinion about registrability of textures (tactile marks) through Pre-judicial Interpretation No. 242-IP-2015, resulting from a consult made by the Superintendency of Industry and Trade of Colombia, with respect to the application for registration of tactile trademark (SURFACE TEXTURE "OLD PARR"), which description was the following:

"Consists in a wrinkled, cracked, hard texture (surface), that is, striated or scraped in the form of an agglomeration of irregular geometric shapes which include mainly, pentagons, rhomboids and hexagons, which shared walls are between 3 and 6 millimeters long, 0,08 and 0,5 millimeters high and between 0,1 and 1 millimeters wide. Walls and areas

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