ESTUDIO DELION

TRADEMARKS IN PERU

Trademark Registrations in Peru and worldwide, Opositions, Litigations etc.

RegistrATIONS of Trademark in Peru

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.

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 in Peru, including preparing, filing and prosecution.

®Renewal of Trademarks in Peru.

®Claiming of foreign priority.

®Peruvian Trademark watching and monitoring.

®Infringement and Unfair Competition actions.

®Peruvian Trademark Change of Name

®Peruvian Trademark Change of Address.

®Trademark Assignments.

®Mergers.

®Defenses.

®Peruvian Trademark Oppositions.

®Licenses and other Contracts.

®Peruvian Trademark Nullity and Cancellation actions and other lawsuits related to these issues.

®Integral Consultancy.

 

Information about the Trademark Registration in PEru:

1. Power of Attorney; it must be duly signed by the applicant or the legal representative of the applicant company, pointing out his position in the company. One Power is sufficient for any numbers of applications on behalf of a same applicant.

2. Priority document; Peru is a member country of the Paris Convention, therefore, it is possible to claim priority based on a foreign trademark application deposited within the six (6) months, from the filing date. To this purpose, a certified copy of the priority applicationt must be filed. It is not required any Consular legalization.

Priority document, namely the foreign filing certificate can be deposited until three (3) months after the filing date of the corresponding Peruvian trademark application. If this document is not filed, the priority shall be lost and the trademark application will continue as a normal application or an application without priority. 

3. Prints; In case of labels or logotypes, it is required one print for each mark.

4. Proofs of use: It is not required any proofs or affidavit of use for obtaining a trademark registration.

II. List of Classes; Trademarks are registered by means of a single application for each international class, which may cover one or several products. Application must cover a specific list of goods or the class heading.

III.Time of prosecution of a regular trademark registration: four (4) months.

IV. Validity of a Trademark Registration: Ten (10) years, which may be renewed for similar periods indefinitely.

 

I . General Data:

- Trademark Name Registration Number.

- Class.

Expiring Date.

II.Documents Required:

Power of Attorney: It must be duly signed by the applicant or the legal representative of the applicant company, pointing out his position in the company. One Power is sufficient for any numbers of applications on behalf of a same applicant.

Note: These requirements are not necessary when the respective trademark Registrations have been handled by our Law Firm.

Proofs of Use: It is not required proofs of use or Affidavit of use for renewing a trademark registration

III.Time of prosecution of a Trademark Renewal : 3 months aproximately.

IV . Renewal Period ; renewal of a Trademark Registration must be applied for within the six (6) months before its expiring date.

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.

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.