Global Trademark GO - Peru——Introduction to Peruvian Trademark Application

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Peru, like Bolivia, Colombia, and Ecuador, belongs to the Andean Community. As long as a trademark is used in one of the Andean Community countries and is recognized by the other three member states, it can be used as evidence of use in trademark cases in other member states. However, Peru has not yet joined the Madrid System.

In Peru, it is possible to apply for word marks, graphic marks, commercial marks, collective marks, certification marks, etc. for words, numbers, symbols, letters, numerals, specific forms of packaging, packaging, presentation of the product, or a combination of these elements.

1. Trademark authority

2. How to apply for trademark registration

  • electronic submission

3. Trademark registration application language

  • spanish

4. Documents required for trademark registration application

  • Trademark registration application;
  • Applicant information;
  • Trademark pattern;
  • A list of goods and/or services for which the trademark is used;
  • Payment documents or receipts
  • The power of attorney can be submitted within 60 days from the date of application.
  • The priority document can be submitted within 90 days from the filing date, and a Spanish translation of a copy of the priority document must be submitted.

5. Peruvian trademark registration application process

  • INDECOPI will review the trademark registration application within 15 working days after receiving it. Trademarks that meet the requirements will be published in the announcement. For defective trademark applications, the applicant must make modifications within 30 working days after receiving the official announcement. This The deadline can be extended for another 30 days. Goods or services exhibited at officially recognized domestic exhibitions can also be registered as "quasi-trademarks". Applicants must apply within 6 months after the goods or services are exhibited. The submission date is based on the exhibition date. Submitting such an application must include a certificate issued by a professional authority at the exhibition stating the category of goods or services for which the trademark is first used.

6. Documents required for trademark change/transfer

  • Name/address change information
  • power of attorney
  • transfer agreement
  • Trademark registration certificate

7. Trademark cancellation

  • If a registered trademark is not used in any Andean Community country within 3 years of registration, the trademark can be revoked.

8. Trademark objections

  • Anyone can file an objection request within 30 days after the trademark registration is announced. In response to this objection, the trademark applicant must respond within 30 days. This period cannot be extended. Within 180 working days after the objection request is filed, INDECOPI will issue a decision on the objection request.

Documents required for objection:

  • Request for objection;
  • Name and address of the person requesting the objection
  • Opposed trademark number, category and announcement date
  • Reasons for objection
  • Certificate number, type of mark on which objection is based
  • Copies of objections and evidence provided by other third parties
  • power of attorney
  • Proof of payment

9. Authorization, validity period and trademark renewal

  • There is no licensing fee. Trademark registration is valid for 10 years from the date of authorization and can be renewed every 10 years. Renewal requests can be submitted within 6 months before the validity period expires. The trademark can be renewed within 6 months after expiration without paying additional fees. Renewal of a trademark requires submission of a power of attorney.

10. Average time for trademark authorization

  • If the trademark registration goes smoothly, the average trademark registration time is 9-15 months.
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