Use Requirement for filing a trademark in Peru: 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).
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: Peruvian 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 against a Peruvian trademark application: 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.