Registering a trademark with the Directorate of Distinctive Signs of INDECOPI protects the trademark in Peru. The registration procedure typically takes four (4) months to complete if no objection is raised. Except for well-known marks, unregistered marks have no protection, even if they have been used for a long time. Whether or not they are registered, trade names are protected by their application. A well-known mark’s owner has the right to block others from registering it.
Legal foundation is provided by Andean Community Decision 486—Common Provisions on Industrial Property, which has been in effect since December 1, 2000, and Legislative Decree No. 1075, which went into effect on February 1, 2009, and was most recently amended by Legislative Decree No. 1309, which was enacted on December 30, 2016.
A member of the Andean Community is Peru. The Andean Community agreement stipulates that all its members must abide by the same trademark laws (Bolivia, Colombia, Ecuador, Peru).
How do you get a trademark registration in Peru?
Peru has a legal system known as first-to-file. To secure exclusive rights to your brand name in Peru, you must register it. Registration is always done at the INDECOPI (Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual), which is on a local (national) level. It typically only takes three months to properly register a trademark in Peru, according to practical experience.
How does trademark application work in Peru?
Step 1. Trademark Comprehensive Study
Before filing your trademark in Peru, you must evaluate possible obstacles that may arise during the registration process.
It will not only list similar trademarks (graphic/phonetic) that may conflict with yours, but it will also give you an opinion from our attorney about registration possibilities.
Step 2. Trademark Registration Request
Step 3. Trademark Registration Certificate
Once the Trademark Office approves your trademark application, our attorneys will complete all necessary tasks to obtain the registration certificate in Peru.
After the certificate is obtained, it will be forwarded to your postal address along with a registration report specifying the registration number, registration date, and any special considerations that should be taken into account in Peru.
The application is filled at the Direction of Distinctives Signs of the Peruvian Trademark Office (INDECOPI).
Multiple-class applications are possible. However, official fees have to be paid for each class. Foreign applicants need a local agent. The processing time from first filing to registration or office action is approximately 5 to 6 months.
Before registration, the trademark application will be published in the electronic Gazette of INDECOPI within 30 working days.
Period to Oppose
The trademark application will be published in the electronic Gazette of INDECOPI within 30 working days from the filing date. Any third party affected by the application may file an opposition within 30 working days from the application’s publication date. Oppositions may be filed by trademark owners in other member states of the Andean Community.
Trademark registration is valid for 10 years from the date of registration and renewable for 10 years. If the registrant fails to renew the mark on the expiry date, the registrant is still given a grace period of 6 months after the expiration date of the trademark to renew the mark.
Requirement of Use
If the trademark has not been used for a continuous period of 3 years in a member state of the Andean Community, it may be subject to cancellation action for non-use by third parties.