_____Sevices > 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  
P.O.Box 27-0044 Lima 27 - PERU l E-mail: wp@estudiodelion.com.pe
                                                                         E-mail: vcd@estudiodelion.com.pe                     
Phone: 0051-1 523-9147 / 522-0360 l Fax : 0051-1 521-0685
Jr. Las Acacias 898, Urb. Las Palmeras, Los Olivos, Lima 39 - PERU
2001-06 Estudio Delion S.R.L ®