How to file a Trademark in Peru?

What is a trademark in Peru?

A trademark in Peru is a sign that serves to identify products or services in the market. A trademark in Peru can be composed of numbers, figures, letters, images or mixture of these. It is an exclusive right to use. The trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

There are also some restrictions on what can be considered applicable. You can get in touch with us and we can help you with the restrictions and we can proceed with a search free of charge.

Click here to initiate the search.

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: Applicants must verify that their distinctive sign is available to follow the application process.   You can get in touch with us and we can help you with the restrictions and we can proceed with a search free of charge. Click here to initiate the search. 
• Submission of Application: Registering a trademark in Peru grants the holder the exclusive right of use in the market and prevents third parties from using it without their authorization.
• Preliminary Examination: The applicants need to pass the INDECOPI review for any errors and missing information to be completed. The applicant may correct or submit further documentation within a period of 30 days if necessary. 
• Publication: After the application and required documents are reviewed and approved, it is then published in the Official Gazette. The application will be published in this Bulletin for 30 days, during which oppositions can be made against it. 
  
• Formal examination: If there are no opposition claims, INAPI will provide a final resolution that will approve the trademark.

Extra Information regarding Trademarks in Panama

Priority Document: 

If the priority is being claimed, a certified copy of the priority document translated into Spanish must be filed within nine months from the priority date.

Grant and Validity term:

Grant fee is not stipulated. The registration of a trademark shall have a term of 10 years from the date of grant and can be renewed for successive ten years. A renewal request may be filed within six months before the expiration of the validity term. It is possible to renew a trademark within six months after the expiration date without payment of extra fees. To renew a trademark, a Power of Attorney is required.

Opposition and Appeal: 

An opposition may be submitted within a term of 30 business days from the publication of the application. If an opposition is filed, the applicant is given additional 30 days for the response.