Trademarks made up by the particle COVID filed during the pandemic

Published byMicaela Mujica

Contrary to what it may be thought, few are the applications for trademark registration that have been filed in Peru during the pandemic and up to now, composed of, or including, the term COVID.  Only two (02) trademarks, strictly speaking, have been filed by individuals of Peruvian nationality, during the months of April and May, 2020.

The first of them, the wordmark COVID19, was filed on April 22, 2020, to distinguish clothing, footwear, headwear, gloves [clothing] in international class 25. This application was published on June 11, 2020 and is prosecuted under file No. 842703-2020.

The second of them, is also a denominative mark, FORMIL C.E.C. SIMPLIFICADO DE FÓRMULA MILAGROSA PARA EL COVID-19 JARABE DE USO MEDICINAL PARA ENFERMEDADES RESPIRATORIAS ELABORADA EN BASE A: EXTRACTO DE HOJAS Y TALLO DE PLATANO, MIEL DE ABEJA, QUINA, UÑA DE GATO.  The application was filed on May 20, 2020 and is prosecuted under file No. 844785-2020.  It distinguishes pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use; food for babies; dietary supplements for human beings and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides in international class 05.  

Given that the terms relating to the administrative trademark proceedings were suspended in Peru from March 16, 2020 to June 10, 2020 due to the pandemic, both applications have been assigned the same official filing date: the first working day after the conclusion of the suspension, that is, June 11, 2020. 

It is not ruled out at all, the possibility that both applications be rejected by the competent trademark authorities of our country, for contravening absolute registrability prohibitions set forth in Decision 486 of the Andean Community of Nations.