ESTUDIO DELION - Peruvian Trademark FAQS

Frequent Questions about Trademark in Peru

 

1. Is it necessary to prove the use in order to register a trademark in Peru?

No.

2. Is registration of a mark mandatory in Peru?

Registration is not compulsory, but it is highly advisable, since the use of a mark without registration provides no right or title to the user. The legal benefits of registration may not be available otherwise.

3 . What is registrable in Peru?

Any symbol that is sufficiently distinctive and that is capable of graphic representation is registrable as a trademark. This includes labels, three-dimensional forms, word marks, distinctive box and bottle designs, names, geographical names, numerals, and letters or combinations thereof, etc.

4 . Should a trademark be searched before filing?

A previous search is not officially required, nevertheless, it is highly recommended in order to the applicant save time, effort and cost entailed in developing and adopting a mark and filing an application for a mark which has already been registered or applied for someone else.

Idolos

Trademark " IDOLOS" Owner: FREMANTLE LTD. (client of ESTUDIO DELION)


 

5. What essential information is required for filing a trademark application?

Before filing, an applicant must provide one specimen of the mark unless the mark can be represented in plain block capital letters, full details of the applicant (namely: name and address) a list of goods/services to be covered, and a legalized power of attorney.

6. Is local registration the only option, or are there international alternatives?

Local registration is the only option to secure trademark rights in Peru.

7. Is it necessary to file more than one Peruvian application if a mark is used in more than one class of goods and/or services?

Yes. A separate application must be filed for each class of goods and/or services. It is not possible to file a single application covering more than one class.


8. Is it possible to take advantage of a home application or registration?

If an applicant's home country is a member of the Paris Convention, and provided its home application has been filed within the six months preceding a Peruvian application, the filing date of the home application can be claimed as the filing date in Peru. Similarly, if an applicant's home country is a member of the Andean Community, it is possible to claim the home filing date as a priority application.

Hyundai

Trademark " HYUNDAI" Owner: HYUNDAI MOTORS (client of ESTUDIO DELION)

9. Must a Peruvian trademark be used after registration, and what happens if a trademark is not used?

In fact is no legal requirement to file evidence of use before the Trademark Office as a condition to maintain rights to a trademark or to support a renewal application. However, the use of the mark must be proved by supporting evidence if a cancellation action is filed by a third party. Any third party can file a non-use cancellation action after three years from grant by simply indicating that the mark has not been used during the preceding three years in any Andean Community country. The registrant is obliged to prove the use of the mark.

10. Is it possible to file a partial cancellation action against a trademark registration in Peru?

Andean Decision 486 allows partial cancellation actions o the basis of non-use of some of the goods or services protected by a registration. The trademark owner must submit evidence of use, which can be from any of the Andean Community member countries (Bolivia, Ecuador, Colombia, Peru and Venezuela).

11. Is there any advantage to using a trademark before filing an application?

No. Rights to a mark are acquired only through registration.


Trademark applications are published in an Official Gazette approximately 30 days after the application is filed or after the filing of all required documents (power of attorney/priority document), setting out the serial number, a description of the mark, identity of the applicant, goods, services, classes and priorities. This is publication is made only once.

12. What information is first published about an application/ registration and when is it published?

Trademark applications are published in an Official Gazette approximately 30 days after the application is filed or after the filing of all required documents (power of attorney/priority document), setting out the serial number, a description of the mark, identity of the applicant, goods, services, classes and priorities. This is publication is made only once.

13. How long is a Peruvian registration process?

The registration process takes approximately four months from the date of filing approximately, if no opposition is filed.

Waves Billabong

Figurative trademark "Wave Designs" Owner: GSM Operations Ltda., members of the group BILLABONG from Australia (Client ESTUDIO DELION)

14. What rights does an application confer?

The application can be used for an opposition. It can be applied the phrase "first in time, first in right".

15. What is the legal effect of a Peruvian registration?

Yes. Third parties may file opposition to an application within 30 days following publication of a mark.

16. Can an application be opposed by third parties in Peru?

A registrant gets an exclusive right of use of the mark in respect to the goods/services mentioned in the application. Such exclusive right includes the right to oppose the use or attempt to register a similar or identical mark filed by a third party in respect to identical or related goods/services, whether the goods are manufactured locally, imported to Peru, or manufactured locally for exportation. A registrant may also file infringement actions.

17. Can a registration be cancelled by third parties in Peru?

Yes, provided that the registration is older than three years of having granting and that the same has not been used in any of the member countries of the Andean Community.

 

Samsung

 

18. Can a Peruvian application or registration be assigned?

Both an application and registration may be assigned. In the case of an application, the certificate will be issued in the name of assignee; in the case of a registration, a resolution recording such assignment will be issued.

19. Must an assignment include goodwill?

Yes an assignment includes goodwill.

   
20. Does an assignment have to be recorded?

Yes. If an assignment is not recorded, it will not be effective against third parties.

   

21. Can a Peruvian registration be licensed?

Yes, in order to be effective against third parties.

   
22. What is the territorial limit of a registration?

The territorial jurisdiction is Peru.

   

23 . What is the term/renewal date of a Peruvian registration?

The term/renewal date of a registration is 10 years from the registration date.

   

24. How long is the Peruvian renewal period?

A registration can be renewed for periods of 10 years.

   
25. When must a renewal be filed?

A renewal must be filed during the six (6) months period before its expiring date.

 

26. Is it possible to renew after the renewal date has passed and, if so, for how long? Is there a fine for renewing after the renewal date has passed?

It is possible to renew for six months after the renewal date without fine.

   

27. Is proof of use required for a Peruvian Trademark renewal?

 

Proof of use is not required.

 
   

28. What documents executed by proprietors are required for renewal?

A Power of Attorney.

 
   

29. Is it necessary to indicate the trademark registration number on goods or services? 

No. The use of markings is optional. 
 
   

30. Is the Peruvian Trademark national office accessible online?

The national office is accessible online at www.indecopi.gob.pe. Electronic filing is not possible at this time. 

   
31. How are domain names protected?

 

 

Domain names are protected in Peru with registration by NIC-PE. A domain name is published the same day on which the deposit of the domain name application takes place. The publication includes the domain name applied for, the name of the applicant and the date and time of publication. To apply for registration of a domain name, an applicant must submit an authorization letter on the letterhead of the company requesting the domain name, the name of the host that is the primary and secondary domain name server and the Internet address of the primary and secondary domain name server. Once the application is published in NIC-PE'S web page, any third party may oppose within ten calendar days. If no opposition is filed, registration of the domain name is automatic. Our system is a first to file system.

 

 

 

 

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