A recent decision of the Administrative Court of Indecopi
denied registration of several trademarks on the ground that such
registrations would "dilute by association" a prior trademark and
trade name of the opposer.
YPF S.A. filed numerous applications for trademarks that
included the word MOVIL. Mobil Oil Corporation opposed these
applications, on the basis of their prior rights in the MOBIL
trademark and trade name. The Trademark Office upheld the
oppositions, whereupon YPF appealed two of the decisions. On
appeal, the Administrative Court upheld the decisions of the
Trademark Office on the ground that allowing registration of
trademarks containing the word MOVIL could dilute by association
the distinctive value of the MOBIL trademark and trade name.
Neither the Trademark Office nor the Administrative Court has
previously used the theory of dilution to deny registration of a
trademark. Although administrative decisions are not binding
precedent, they do have persuasive effect, and this decision may
assist in determining the ambit of protection afforded to other
well-known marks in Peru.




