To file a trademark in Peru, the applicant must register it with the Peruvian National Institute for the Protection of Intellectual Property (INDECOPI). This state agency enforces intellectual property protection laws and manages the trademark registration process.
What is a trademark in Peru?
A trademark in Peru identifies products or services in the market. It may consist of numbers, figures, letters, images, or a combination of these elements. Trademark registration grants the exclusive right to use the mark exactly as filed and registered. If you plan to use the word element separately from the logo—or vice versa—we recommend registering an additional trademark that includes only the specific word or figurative elements you want to use and protect independently.
Since certain restrictions apply to what qualifies as a trademark, feel free to contact us. We can assist you in reviewing the restrictions and carry out a free search to support your application process.
How to file a trademark in Peru?
To file a trademark in Peru can be done on-line, by post or personally; the form must must contain at least the following:
- Documents required:
A. Complete name and address of the applicant(s);
B. Particulars of a mark
C. Class/es in which the trademark application is to be filed
D. Photo file of the trademark, detailed and accurate labeling of the product or service to be trademarked.
- Power of Attorney: signed by the applicant or an authorized officer of the applicant company.
- Sworn translation of documents into Spanish: our in-house translators can assist you.
Check out how to file a patent in Panama.
How is the process of filing a Trademark in Peru?
Previous Search: First, applicants must verify that their distinctive sign is available before proceeding with the application process. You can get in touch with us, and we will help you understand any restrictions. Additionally, we can conduct a free search to support your application. Click here to initiate the search. Click here to initiate the search.
Submission of Application: Once you register a trademark in Peru, the law grants you the exclusive right to use it in the market and prevents third parties from using it without your authorization.
Preliminary Examination: Next, INDECOPI reviews the application for any errors or missing information. If necessary, the applicant may correct or submit additional documentation within 30 days.
Publication: After INDECOPI approves the application and required documents, it publishes the trademark in the Official Gazette. The application remains published for 30 days, during which third parties may file oppositions.
Formal Examination: Finally, if no opposition claims arise, INDECOPI issues a final resolution approving the trademark.
Extra Information regarding Trademarks in Panama
Priority Document:
If you claim priority, you must file a certified copy of the priority document translated into Spanish within nine months from the priority date.
Grant and Validity Term:
The law does not stipulate a grant fee. The trademark registration lasts 10 years from the date of grant and you can renew it for successive 10-year terms. You may file a renewal request within six months before the expiration of the validity term. Additionally, you can renew the trademark within six months after it expires without paying extra fees. To renew a trademark, you must submit a Power of Attorney.
Opposition and Appeal:
Interested parties may submit an opposition within 30 business days from the application’s publication. If someone files an opposition, the applicant has 30 additional days to respond.
Representation by a Intellectual Property Agent
Please note that a general power of attorney is admitted and we can use it to file any number of applications on behalf of the same client
Goytia & Associates has local offices in Argentina and in key cities of the world to ensure the best quality of IP service. Our extensive coverage of +120 countries enables our clients to effectively manage multiple filings and cases through one centralized agent.
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This content may suffer modifications due to updates in the official regulations of Peru.
