In a recent decision, the Peruvian Trademark Office (PTO) provided trade dress protection for Honda´s XR series motorcycles. This case dates back to 2022, when Honda considered that a company in Peru was not only infringing its trademark “HONDA XR”, but also engaging in acts of unfair competition, since the company was using a similar trade dress to that of Honda’s XR series bikes.
In its ruling, the PTO dismissed the trademark infringement claim, holding that the term “XR” could not be exclusively owned by a single business origin. However, it recognized the illegal use of Honda’s trade dress and determined that it constituted an act of unfair competition, finding that Honda had used its designs for years before the infringer.
