Partial or total Cancellation:
A partial cancellation occurs when the registered trademark is not being used with regard to all goods or services for which it was granted; therefore it is arranged a reduction of the covered specification of goods to those goods or services for which the effective use of the trademark is evidenced. A total cancellation affects all goods or services covered by the trademark.

A. Trademark cancellation due to lack of use:

Enforcing Disposition
 - Articles 165 through 170 of Decision 486, Common Regime of Industrial Property, of the Andean Community Commission.
Requirements for proceeding:
 - The registered trademark must not be in use in Peru, nor in any other country of the Andean Community without reasonable justification of its owner or licensee DURING 3 CONSECUTIVE YEARS prior to the date at which the cancellation action was lodged.
Requirements for filing a cancellation action:

• Applicant's name.
• A duly notarized and legalized Power of Attorney which must certify the signatory representation.
• Voucher proving the payment of the corresponding rate.

Remarks .-
Burden of proof on the trademark use will correspond to the owner of the registration. If the trademark owner does not prove an effective, regular and constant use, in accordance with the nature of goods and services covered by the trademark under cancellation, it will be cancelled. If the trademark is cancelled, the cancellation requesting party will have preferential right over the registration thereof. This right can be invoked, at the filing time of the request for cancellation and within the next three months counted from the date the date the cancellation resolution remains as steady in the administrative channel.

B. Trademark cancellation due to lack of distinctiveness:

A cancellation of a trademark registration can be requested ex officio or by a third party's request, when the registration of a trademark becomes a common or generic sign.

Enforcing Disposition:
Article 169 of Decision 486, Common Regime of Industrial Property, of the Andean Community Commission

C. Trademark cancellation as a defense during an opposition proceeding

Cancellation of a of trademark registration due to non-use, may be requested as a defense in an opposition proceeding lodged on the basis of the unused trademark in Peru or in any other member country of the Andean Community, during three consecutive years prior to the date of the initiation of the cancellation action.

Enforcing Disposition:
- Article 165 of Decision 486, Common Regime of Industrial Property, of Andean Community Commission.