Trademark Assignment & Transfer in Peru

Change of Ownership, Done Properly

Selling a business, restructuring, or transferring a brand to a related entity all require the trademark ownership record with INDECOPI to be updated. Our team at Brealant prepares the assignment documentation and handles the recordal.

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Essential Guide to Trademarks in Peru

Protecting Your Ownership with Brealant's Expertise

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Legal Definition of Trademark Assignment
Assignment, under Decision 486, is the legal transfer of ownership of a trademark from one party to another, independent of any transfer of the underlying business.
Purpose and Function of Assignment
It allows businesses to buy, sell, restructure, or license brands, with the INDECOPI register updated so the new owner is legally recognised.
Protecting the Transaction
Properly documenting and recording the assignment protects both parties, making the ownership change enforceable against third parties in Peru.

A Hassle-Free Registration Journey with Brealant

Contact
Tell Brealant about the trademark(s), the parties, and the nature of the transfer.
Search
We confirm the current registration details and ownership status on the INDECOPI register.
Quote
Receive a fixed-fee quote based on the number of marks involved.
Pay
Proceed with secure payment for the assignment service.
File
Brealant prepares the assignment documentation and files the recordal request with INDECOPI.
Wait
INDECOPI processes the recordal and updates the register.
Response
You receive confirmation once the new ownership is reflected on the register.

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Clear, Simple Steps to Record Your Assignment

In Peru, an assignment is only as strong as its documentation and recordal. A properly executed assignment agreement, followed by a recordal request to INDECOPI, is the clearest way to make sure the change of ownership is properly reflected and enforceable.

Safeguarding Your Ownership in Peru — With Brealant by Your Side

An unrecorded assignment can create confusion about who actually owns the mark, complicate future enforcement or licensing, and weaken your position if there's ever a dispute about ownership. Brealant keeps the public register accurate and your rights enforceable.

Limitations

What Assignment Recordal Does Not Do

Recordal is important, but it has limits

Doesn't Validate a Bad Deal
Recordal reflects the transfer; it doesn't cure defects in the underlying commercial agreement.
Doesn't Renew the Mark
Assignment and renewal are separate processes — a transferred mark still needs to be renewed on schedule.
Doesn't Change the Mark
You can't use an assignment to alter the mark itself or its goods/services.
Retrospective Effect Is Limited
Recordal protects the new owner going forward; earlier unrecorded dealings may need separate legal advice.
Doesn't Resolve Disputes
If ownership itself is disputed, recordal won't resolve the underlying dispute.

Brealant flags any of these issues during the assignment process so nothing is missed.

What a Trademark Assignment Protects

A properly recorded assignment protects

The New Owner's Rights
Clear, documented legal ownership recognised by INDECOPI.
Enforcement Ability
The new owner's standing to take infringement or opposition action based on the mark.
Deal Certainty
The commercial transaction — sale, restructure, or licence — that the transfer is based on.
Future Dealings
The ability to further assign, license, or use the mark as security without ownership disputes.

Brealant makes sure every assignment is properly documented so these protections are secured.

Timeline for Trademark Assignment in Peru

The assignment process typically follows these stages

Instruction
You confirm the marks, parties, and transaction details with Brealant.
Drafting
We prepare or review the assignment agreement.
Execution
The assignor and assignee sign the documentation.
Recordal
We file the recordal request, and INDECOPI updates the register.

Once signed documentation is filed, INDECOPI typically records the change of ownership within a few weeks to a couple of months.

Understanding Assignment Costs in Peru — Simplified with Brealant

Assignment costs are modest relative to the transaction they support

Official Filing Fees
INDECOPI charges a modest official fee per mark, in Peruvian soles (S/), to record an assignment.
Professional fees
Brealant's professional fee covers preparing the documentation and managing the recordal, quoted as a fixed amount based on the number of marks.

These costs are a small part of protecting the value of the brand asset being transferred.

Brealant support specialist providing continued trademark support

Continued Support After Your Assignment in Peru — Supported by Brealant

Once the assignment is recorded, Brealant can take over ongoing renewal tracking, monitoring, and enforcement for the new owner, so the transition is seamless from a brand-protection standpoint.

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Frequently Asked Questions

Is recording an assignment with INDECOPI mandatory?

It isn't strictly mandatory for the transfer to be valid between the parties, but recording it protects the new owner's rights against third parties and keeps the public register accurate.

Can part of a trademark portfolio be assigned separately?

Yes, individual marks or a subset of a portfolio can be assigned while retaining others.

Does an assignment need to be in writing?

Yes, INDECOPI requires documentary evidence of the transfer to record the change of ownership.

Can Brealant assist with cross-border assignments involving Peru?

Yes, we regularly coordinate Peruvian recordals alongside assignments in other Andean and non-Andean jurisdictions where a brand is also protected.

What documents are needed to record an assignment?

Typically a signed assignment agreement, details of both parties, and the registration numbers of the marks involved.

Can a trademark application (not yet registered) be assigned in Peru?

Yes, both pending applications and granted registrations can be assigned; the recordal process with INDECOPI is essentially the same for either stage.

Does assigning a trademark affect its Peruvian renewal date?

No, the renewal date is fixed to the original registration and isn't reset or altered by an assignment.

Can a trademark be assigned as part of a broader company merger or restructuring?

Yes, and in that case the deed or merger documentation itself, together with proof of the corporate change, is generally used to support the recordal.

What is the cost of recording an assignment with INDECOPI?

There's an official INDECOPI filing fee per mark or application, plus our professional fee for preparing and filing the recordal — we quote both before starting.

Can I assign a Peruvian trademark to myself in a different corporate entity within my own group?

Yes, intra-group transfers are common and follow the same recordal process, provided the assignment documentation clearly identifies both entities.