Trademark registration Peru
Register your trademark in Peru online in 3 steps…
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We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.
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Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.
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What are the costs of a trademark registration in Peru?
The costs of trademark registration in Peru depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get protection in all of classes 1 through 45 of the Nice classification.
Registration
- Includes all fees
- extra class
Watch
- Includes all fees
- up to 3 classes
extra class
Renewal
- Includes all fees
- extra class
How do you get a trademark registration in Peru?
Peru has a so-called first-to-file jurisdiction. That is, you have to register your brand name in Peru in order to obtain the exclusive rights over it. Registration is always done at the local (national) level, at the INDECOPI (Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual). Practical experience shows that it usually only takes three months to successfully register a trademark in Peru.
How to register a Combined Brand in Peru
As an organization you have to adhere to various rules and guidelines when creating a brand, but apart from that you have a lot of freedom. A trademark can consist of word elements, figurative elements or a combination thereof. In the latter case, you have to take something extra into account when you apply for your brand name in Peru. Do you also want to use the separate elements separately from each other for commercial purposes? Then it is strongly recommended to submit a separate registration application in order to obtain protection for this as well.
Entrepreneurs who fail to do so may use the separate elements to promote their product or service, but they cannot claim their protection. This means that third parties can use these elements for their own promotional purposes, without there being any infringement. You can only object to this in one case, namely when someone offers the same or very similar products or services to consumers. You then base your objection on confusing resemblance.
What process do you go through to register a trademark in Peru?
If you want to register a brand in Peru, you go through a fixed step-by-step plan that looks the same for every applicant. First, you fill in an application form, which you submit to the INDECOPI. After about a month, the preliminary investigation will be carried out. Even before the start of this research, your application will be published in the Peruvian electronic commerce bulletin of the INDECOPI. Third parties then have thirty working days to submit an opposition or objection. If there are no objections, the office will start with the final assessment and upon successful completion of this, the registration of your trademark will become a fact.
Which third parties may object to your trademark registration?
- The opposition period may be used by third parties to prevent registration of your trademark. There are several parties that are allowed to initiate opposition. These are:
Owners of a previously registered brand - Licensees
- Owners of trademarks currently registered or in the application period in one or more of the member states of the Andean Community.
- Any interested party
What do you need to register a trademark in Peru?
If you want to register a brand in Peru, there are some conditions attached to it. You also need to provide a number of documents. Without this, INDECOPI cannot process your application. This concerns the following documents:
- Applicant’s personal details
- Trademark design in GIF or jpg. Format. If the colors are important, this must be supplied in the relevant colours
- Accurate and complete indication of the products and services you wish to protect with the trademark. Multi-class registration (according to the Nice classification system) is allowed in Peru. For each additional class you pay the amount that applies to a standard application
- If applicable: a priority document and a Spanish translation thereof
- A power of attorney legalized by a notary to the Peruvian consulate in the Netherlands
- A Spanish translation of the company certificate
What is the validity of trademark protection in Peru?
Anyone who successfully registers a brand name in Peru then enjoys protection for a period of ten years. This period starts on the official registration date and can be extended indefinitely. Extension also takes place in terms of ten years and can be requested from six months before the end date of the current term. There is a grace period of six months, during which you can still renew your trademark for a higher payment.
Actively using a protected trademark in the Peruvian market
If you want to register a trademark in Peru, it is not necessary to use it beforehand. Are you still not using your trademark three years after the registration date? Then there is the risk of cancellation due to inactivity. The INDECOPI may decide to do so when third parties submit this objection. Since Peru is a member state of the Andean Community, use of the mark in Bolivia, Colombia or Ecuador also counts as active use.
Is Peru a member of the Treaty of Madrid?
Peru is not a signatory to the Madrid Protocol. This means that expanding international trademark protection through the Madrid System is not an option in this country. Thus, trademark protection in Peru is strictly territorial. If you also want to protect your trademark in other countries, you must start a separate procedure for this. There are signs that Peru wants to join the Madrid Protocol as a member state in the future.
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