1. -Is it necessary to prove the use in order to register a trademark?
2. -Is registration of a mark mandatory?
3. -What is registrable?
4. -Should a trademark be searched before filing?
5. -What essential information is required for filing a trademark application?
6. -Is local registration the only option, or are there international alternatives?
7. -Is it necessary to file more than one application if a mark is used in more than one class of goods and/or services?
8. -Is it possible to take advantage of a home application or registration?
9. -Must a trademark be used after registration, and what happens if a trademark is not used?
10. Is it possible to file a partial cancellation action against a trademark registration?
11. Is there any advantage to using a trademark before filing an application?
12. What information is first published about an application/ registration and when is it published?
13. How long is the registration process?
14. What rights does an application confer?
15. What is the legal effect of a registration?
16. Can an application be opposed by third parties?
17. Can a registration be cancelled by third parties?
18. Can an application or registration be assigned?
19. Must an assignment include goodwill?
20. Does an assignment have to be recorded?
21. Can a registration be licensed?
22. What is the territorial limit of a registration?
23. What is the term/renewal date of a registration?
24. How long is the renewal period?
25. When must a renewal be filed?
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?
27. Is proof of use required for renewal?
28. What documents executed by proprietors are required for renewal?
29. Is it necessary to indicate the trademark registration number on goods or services?
30. Is your national office accessible online?
31. How are domain names protected?

1. Is it necessary to prove the use in order to register a trademark? No. 2. Is registration of a mark mandatory? 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. Above

Trademark & logo TOYOTA Certificate Nº 83944, which belongs to the famous and prestigious Japanese manufacturer of cars and automobile products TOYOTA CORPORATION (Client of Estudio Delion)

3. What is registrable?

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.

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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 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.

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9. Must a 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.

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

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.

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13. How long is the registration process?

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

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"

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15. What is the legal effect of a registration?

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.

16. Can an application be opposed by third parties?

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

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17. Can a registration be cancelled by third parties?

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.

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21. Can a 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.

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

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

24. How long is the renewal period?

A registration can be renewed for periods of 10 years.

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27. Is proof of use required for renewal?

Proof of use is not required.

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

A Power of Attorney.

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

No. The use of markings is optional.

30. Is your national office accessible online?

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

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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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