Trademark Search in Peru

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Frequently Asked Questions
Is there a time frame for filing for a trademark registration?

The time frame from application to registration is three to five months. If oppositions are raised, it will take longer for the process to be completed.

If I register my trademark in Peru, do I have protection in other territories?

The territorial limit of registration is Peru.

Do I need to sign a Power of Attorney?

A power of attorney is required.

Are there any benefits from a pre-filing use of the trademark?

Applicants do not benefit from pre-filing use of a trademark.

Will there be problems in case I don’t use my trademark after registration?

Attack on the ground of non-use is available.

What are the types of trademark that can be registered in Peru?
  • words
  • devices
  • names
  • certain three-dimensional shapes
  • slogans
  • colours
  • smells
  • sounds
  • trade dress/get-up
  • collective marks
  • well-known marks
  • certification marks
  • service marks
What are the phases of application after a trademark has been filed in Peru?

The order of the application process is as follows:

  1. 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
  2. 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
  3. Substantive examination
  4. Registration
What type of trademark is not registrable?
  • generic terms
  • marks contrary to moral standards or public order
  • non-distinctive trademarks
  • flags, names, or symbols of nations, states, regions or international organizations
Does Peru use the "Nice Classification" system?

Peru uses the Nice Classification System.

Does the Community Trademark apply for Peru?

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.

Is there any possibility to claim priority in Peru?

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.

What do I need to do to satisfy the use requirement?

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.

Once my trademark has been registered, for how many years will be valid?

The initial term of a registration is 10 years calculated from the registration date.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the registration grant date.

Is it legal to use my trademark even if it is not yet registered?

It is legal to use an unregistered mark for any goods or services.

Does having a registered trademark in Peru give me any right?

Registration is obligatory to secure rights to a trademark. Peru follows the "first to file" principle.

What is the web address of the trademark national office?

The national office is accessible online at the following URL: http://www.indecopi.gob.pe.

Is there any need to use my trademark before I apply for registration?

Neither actual use nor intent to use is required for application.

Can a Trademark Application be opposed?

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
Who can contest my trademark application?

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
Is it possible to cancel a registration?

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
Are there any rights established by having a registered trademark?

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
How long is the opposition period?

The opposition period begins on the first working day following publication.

 

The opposition period ends 30 working days after publication.

Is Peru a member of the Madrid System?

Peru is not a party to either the Madrid Agreement or the Madrid Protocol. International applications may not be designated in Peru.

Do I need to present periodic statement of use?

Periodic statements of use are not required.

When should I renew my trademark?

Subsequent renewals last for a period of 10 years from the last due date of the registration.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the registration grant date.

Is there any documentation that should be presented when renewing a trademark?

A power of attorney is necessary for renewing a trademark registration.

If my trademark expires, do I have a grace period?

The grace period after the renewal date has expired is 6 months.

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