Estudio Delion
 
 

A trademark is any sign or symbol that is sufficiently distinctive and that is capable of graphic representation. This includes labels, three-dimensional forms, word marks, distinctive box and bottle designs, names, geographical names, numerals, letters or combinations thereof, flavors and scents.

Important information to take into account for applying for a trademark registration in Peru:

 


 

Trademark SAMSUNG, which belongs to the prestigious: Samsung Electronics (Client of Estudio Delion)

Use Requirement for filing

It is not required to prove the use of a mark before filing. Furthermore, there is not any advantage to using a trademark before filing an application. Rights to a mark are acquired only through registration

Classification

International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification)

Peruvian Industrial Property laws in force :

Andean Community:
Decision 486
Common Intellectual Property Regime
Decision 689
The Andean Community laws are supranational

Domestic laws:
Legislative Decree 1075, which approves complementary provisions to Decision 486 of the Commission of the Andean Community.

International Agreements:
Paris Convention.
Panamerican Convention .
TRIPS trade-related aspects of intellectual property rights.
Trademark Law Treaty TLT 1994.

Priority under Paris Convention

Priority can be claimed based on a foreign Trademark Application filed within the last six (06) months

Examination

An application will receive an initial examination on both absolute and relative grounds. The mark is then published for opposition, and if no oppositions are filed, the trademark office proceeds to examine registrability of the mark.

Publication

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

Opposition

It is available. Decision 486 of the Andean Community allows for an opposition proceeding after publication in the Official Gazette and before substantive examination proceedings are completed.

Time Frame for Registration

Four (4) months. If all documents required are available

Registration Term

Ten (10) years, which can be renewed

Renewal Term

Ten (10) years, which can be renewed

Grace Period for Renewals

There is a six (6) months grace period after the expiring date of a trade/service mark registrations

Cancellation

If a mark is not used for a period of three (3) continuous years in Peru or any other Andean Community country, namely: Colombia,Bolivia,Ecuador; the registration is vulnerable to cancellation.

Marking Requirements

It is not required
  • Must Assignments be recorded? Yes

Can pending applications be Assigned?

Yes
  • Must Licenses be recorded Yes

Can pending application be Licensed?

No. Only trademark or service mark registrations can be licensed. However, it could exist a private document between both parties

Estudio Delion has developed an advanced Trademark Software which let monitor the marks used within the Peruvian or foreign market avoiding the counterfeiters take advantage of our clients´ trademarks. Likewise, our Law Firm carries out Periodical Inspections in the main outlets to find out doubtful-quality products that can affect our clients´ interests.

Services:

- Availability search in Peru and abroad, including our legal evaluation report to   determine if the mark is available for registration.
- Registration of Trademarks, including preparing, filing and prosecution.
- Renewal of Trademarks
- Claiming of foreign priority
- Trademark watching and monitoring.
- Infringement and Unfair Competition actions.
- Change of Name
- Change of Address
- Assignments
- Mergers
- Defenses
- Oppositions
- Licenses and other Contracts
- Nullity and Cancellation actions and other lawsuits related to these issues.
- Integral Consultancy