HOW TO REGISTER A TRADEMARK IN PERU

I.             REQUIREMENT DOCUMENTS

a.     Name, address and nationality of applicant;

b.    The country and filing date of the priority application if the right of priority is claimed.

c.     An electronic copy of Power of Attorney;

d.    The trademark details and clear copy of the logo;

e.     The designated class/goods thereof;

f.     Priority documents if the right of priority is claimed

II.            GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE

The approximate time from application to registration (for a regular prosecution, without opposition) is 3 to 4 months, assuming that no Office Action is needed.

III.         VALIDITY TERM

The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.

For the renewal of a trademark registration, an application for the renewal should be filed with KIPO. Once a renewal application has been duly filed, the trademark registration is deemed to have been renewed on the expiration date of the original registration.

IV.    PROCEDURE

1.         Formal Examination

Once your trademark application has been filed, a filing date will be generated which will provide you a prior right over any other trademark filed. This means that you will have a better right to access the registry compared to other applications for the same sign.

Subsequently, your mark will be assigned a file number and will enter the formal examination stage.

In case there is any inaccuracy, the Trademark Office will notify an ex officio in order to overcome it within a period of 10 business days, or 60 business days, if it is necessary to present any documentation or remaining information.

2.         Publication

Once the formal examination stage has been completed, the trademark will be published in the INDECOPI´s Electronic Official Gazette. From this moment on, a period of 30 business days will be opened for interested third parties to file an opposition, with the possibility of requesting an additional period of 30 business days to present evidence to support it.

The Trademark Office will notify the applicant with the opposition and he can present his answer within 30 business days. The applicant may request an additional one-time period of another 30 business days to present the evidence to support his reply.

3.         Substantive examination stage

The Trademark Office will analyze the registrability of the mark based on two criteria:

·         Absolute grounds: It will be analyzed if the mark meets the essential requirement of being distinctive. For example, generic or descriptive trademarks will not be granted.

·         Relative grounds: It will be analyzed whether the mark generates a likelihood of confusion or association with respect to other mark previously filed or registered.

4.         Registration

The certificate of registration will be issued to the applicant.

In case you require more information or require advice on trademark in Peru... as well as other IP matters, please do not hesitate to contact us via:

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