Why and how to register a trademark in Peru

As Peru is a first-to-file jurisdiction, in order to be protected in that country trademarks must necessarily be registered locally. Exceptionally, in the case of famous and well-known trademarks, actions may be presented in certain circumstances of infringement even if the trademarks have not been registered in Peru.

Trademark registration in Peru is done through the Peruvian National Institute for the Protection of Intellectual Property (INDECOPI). 

If you register a combined trademark (which includes both word elements and figurative elements) in Peru, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Probabilities of success for an opposition will vary in each case depending on the circumstances.

To oppose the registration of a trademark, the opposition must be presented within 30 business days following the publication of the trademark in the official journal of Peru.

Although use of a trademark is not required in order to file or register a trademark, once registered, if the trademark is not used in the marketplace in connection to the goods or services for which it was registered, cancellation actions may be presented by third parties. In order to prevent this, trademarks should be used within three (3) years from the date of registration.

Peru is a member state of the Andean Pact (CAN), therefore, use of a trademark in order to prevent such actions may take place in any of the other member countries (Bolivia, Colombia or Ecuador).

A registered trademark in Peru will have a validity period of ten (10) years from the date it is registered. It may be renewed indefinitely for subsequent ten-year terms. Renewal of a trademark may be done six (6) months prior to the mark’s expiry date. If a trademark is not renewed before its expiry date, it can still be renewed up to six (6) months after expiration by payment of extra fees.

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Peru (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.

 

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