In 2011, when Keiko Fujimori she was still the wife of Mark Vito Villanellaauthorized him to use his media name to register the ‘Keiko’ brand of jewelry and bijouterie in Indecopiand thus be able to create a new venture. The procedure was carried out successfully and the registration was maintained until 2017, when the Argentine company ‘Kiko Joyas’ asked to cancel the trademark due to lack of use. And after 6 years in Indecopithe ‘Keiko’ brand never developed any commercial activity, according to the documents shown by LP Pasión por el Derecho.
Registration of the ‘Keiko’ brand in Indecopi. Photo: LP Passion for Law
‘Kiko Joyas’ asks that the ‘Keiko’ brand be canceled
The brand ‘Keiko’ was registered by Mark Vito Villanella in class 14 of the Nice Classification of the trademark registry, which referred to precious metals and their alloys, as well as products made of these materials or plated not included in other classes; jewelry items, costume jewelery, precious stones, clockwork items and chronometric instruments.
It should be noted that the registration was achieved after Keiko Fujimori consented to the fact, in accordance with article 136 of the Common Regime on Industrial Property: “Signs whose use in commerce unduly affects a third-party right cannot be registered as trademarks, in particular when: e) they consist of a sign that affects the identity or prestige of (…) natural persons, especially in the case of the name, surname, signature, title, hypocoristic, pseudonym, image, portrait or caricature of a person other than the applicant or identified by the relevant sector of the public as a person other than the applicant, unless the consent of that person is proven (…)”.
In 2017, following the request from the ‘Kiko Joyas’ brand to cancel the ‘Keiko’ brand and verifying that during six years of validity there was no commercial activity, Indecopi decided to notify Mark to defend himself, but he never responded.
Cancellation of ‘Keiko’ brand. Photos: LP Passion for Law
According to article 165 of Decision 486, it is established that if a trademark is not used within three years, it is possible to cancel it. “(…) The cancellation of a registration due to lack of use of the trademark may also be requested as a defense in an opposition procedure filed based on the unused trademark (…)”, it reads.
Finally, given Vito’s lack of defense, on December 12, 2017, with the intervention of three Indecopi members, it was decided to cancel the ‘Keiko’ brand. The resolution was signed by Hugo Fernández Gonzales Coda, who at that time held the position of vice president of the Distinctive Signs commission of Indecopi.
