English
The average time frame for the registration approval is 3 months, if no objections or oppositions arise.
The territorial limit of registration is Peru.
A power of attorney is required.
Applicants do not benefit from pre-filing use of a trademark.
Attack on the ground of non-use is available.
- words
- devices
- names
- certain three-dimensional shapes
- slogans
- colours
- smells
- sounds
- trade dress/get-up
- collective marks
- well-known marks
- certification marks
- service marks
The order of the application process is as follows:
- Formal examination according to:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior registration, prior-filed application or earlier unregistered rights
- the mark is generic
- the mark conflicts with appellations of origin protected in Peru
- the mark is contrary to the law and morality
- Publication of the application particulars:
- mark
- name of applicant
- state or country of incorporation of applicant
- citizenship of applicant
- application number
- application date
- goods/services
- priority claim information
- representation of trademark
- Substantive examination
- Registration
- generic terms
- marks contrary to moral standards or public order
- non-distinctive trademarks
- flags, names, or symbols of nations, states, regions or international organizations
Peru uses the Nice Classification System.
Peru is not a member of the European Union; hence, the European Union Trade Mark registration (previously known as the Community Trade Mark registration) is not followed in this jurisdiction.
Priority application can be claimed if:
- the applicant's home country is a signatory to the Paris Convention
- the home application was filed six months earlier than the application in Peru
- the applicant's home country is a member of the Andean Community
Consult a local trademark attorney or contact Marcaria.com.
A trademark must be used within three years from the registration date.
The amount of use must be on a commercial scale and must occur in Peru or any member state of the Andean Community.
The initial term of a registration is 10 years calculated from the registration date.
The first renewal date of a registration is 10 years from the registration grant date.
It is legal to use an unregistered mark for any goods or services.
Registration is obligatory to secure rights to a trademark. Peru follows the "first to file" principle.
The national office is accessible online at the following URL: http://www.indecopi.gob.pe.
Neither actual use nor intent to use is required for application.
The following can be grounds for opposition:
- proprietary rights
- the mark is descriptive
- the mark is not distinctive
- the mark is misleading, deceptive or disparaging
- the mark is functional
- breach of copyright
- notorious or well-known mark
- protection of armorial bearings, flags and other State emblems
- representation of the proprietor of the mark
- trade names
- registered design rights
- rights in a personal name
- the mark is generic
- geographical indication
- the mark is against public policy or principles of morality
- isolated colour without any specific shape
The following parties may initiate an opposition:
- any interested party
- the owner of an earlier right
- a licensee
- owners of trademarks that are currently registered or being applied for in any Andean Community namely Bolivia, Colombia, Ecuador or Peru
The following can be grounds for cancellation:
- proprietary rights
- the mark is descriptive
- the mark is not distinctive
- the mark is misleading, deceptive or disparaging
- the mark is functional
- breach of copyright
- notorious or well-known mark
- protection of armorial bearings, flags and other State emblems
- representation of the proprietor of the mark
- trade names
- registered design rights
- rights in a personal name
- the mark is generic
- geographical indication
- the mark is against public policy or principles of morality
- the mark is an isolated colour without any specific shape
The following rights are established by registration:
- the exclusive right to use the registered trademark
- the right to file an opposition case against later conflicting applications
- the right to file a cancellation case against a later conflicting registration
- the right to sue third parties for infringement or for using a confusingly similar mark
- the right to license interested parties to use the trademark
- the right to apply for the seizure of counterfeit goods by customs authorities
- the right to receive compensation for infringement
The opposition period begins on the first working day following publication.
The opposition period ends 30 working days after publication.
Peru is not a party to either the Madrid Agreement or the Madrid Protocol. International applications may not be designated in Peru.
Periodic statements of use are not required.
Subsequent renewals last for a period of 10 years from the last due date of the registration.
The first renewal date of a registration is 10 years from the registration grant date.
A power of attorney is necessary for renewing a trademark registration.
The grace period after the renewal date has expired is 6 months.