Trademark Peru - Estudio Delion

____Servicies > Trademarks

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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:

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)
International Agreements	Paris Convention, Washington Convention, Cartagena Agreement (Andean Community) and ADPIC
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,Venezuela; 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

Versión Español

WPMARK

P.O.Box 27-0044 Lima 27 - PERU l Correo: wp@estudiodelion.com.pe

Correo: vcd@estudiodelion.com.pe
Telf.: 0051-1 523-9147 / 522-0360 l Fax : 0051-1 521-0685
Jr. Las Acacias 898, Urb. Las Palmeras, Los Olivos, Lima 39 - PERU