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Evangelista Torricelli 195 - Office No.201 - San Borja - Lima - PERU

Trademarks in Peru

ESTUDIO DELION Trademark Lawyers

Registration of trademarks, trademark renewal in Peru, brand oppositions, trademark litigation: cancellations and nullities of trademarks in Peru

ESTUDIO DELION -
Peruvian trademark lawyers




We count with Associates Worldwide To Offer This Service In Any Other Country.

ESTUDIO DELION – Peruvian trademark attorneys have more than 38 years of experience in the registration of trademarks in Peru before INDECOPI as well as everything related to it, such as trademark oppositions in Peru, trademark litigation in Peru, infractions for the illegal use of a trademark; seizures of counterfeit products; trademark counterfeiting investigations; name changes, transfers, etc.

ESTUDIO DELION Peruvian trademark lawyers have developed an advanced Trademark Software, which allows us to monitor the trademarks that are being used in the Peruvian or foreign market, thus preventing counterfeiters from taking advantage of the prestige of our clients’ brands; Likewise, the company carries out Periodic Investigations in the main sales centres to determine the existence of contraband or counterfeit products that may affect the interests of our clients.

ESTUDIO DELION Peruvian trademark attorneys are members of the International Trademark Association INTA – the USA, the largest and most prestigious trademark institution today, hosting a vast number of Trademark specialists worldwide.

 

our professional services :

ESTUDIO DELION Peruvian Trademark Lawyers 

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Trademark registration & renewal

ESTUDIO DELION Peruvian trademarks Lawyers

Trademark Renewal Requirements in Peru

I. General Data:

  • Trademark Name Registration Number.
  • Class.
  • Expiring Date.

II. Documents Required:

Power of Attorney:

the applicant or the legal representative of the applicant company must duly sign it, pointing out his position in the company. One Power is sufficient for many applications on behalf of the same applicant.

III. Time of prosecution of a Trademark Renewal:

3 months approximately. 

Peruvian trademark renewal Term:

10 years.

 IV. Trademark Renewal Period: 

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

Grace Period for Renewals of a trademark:

There are six months grace periods after the expiring date of a trade/service mark registration in Peru.

ESTUDIO DELION trademark lawyers in Peru & Worldwide

Questions And Answers

The entity in charge of promoting and regulating these rights is the National Institute for the Defense of Free Competition and the Protection of Intellectual Property (INDECOPI).

A private pre-filing registration search is not obligatory in Peru. However, a trademark search is suggested because it saves the applicant time, effort, and cost in registering a trademark that someone else has prior rights to.

A work mark search in Peru is free of cost and it is possible to carry online at the Peruvian Trademark Office’s page «Search for your mark»: https://enlinea.indecopi.gob.pe/buscatumarca/#/inicio

Litigation against trademarks in Peru is administrative and criminal actions that the owner can initiate in case of improper use of his brand, such as:
  • nullities,
  • cancellations and,
  • infractions

No, but it is compulsory to establish rights.

We can claim priority based on a foreign Trademark Application filed within the last six (06) months.

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 Peruvian trademark office examines the registrability of the trademark.

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 trademark, identity of the applicant, goods, services, classes, and priorities. This is the only publication that is made.

Yes,  it is now allowed. Additionally, it is only necessary to renew a single trademark registration covering several classes instead of a trademark registration per mark and class.

It is also allowed to ask for a divisional trademark application by paying the relevant fee, which is especially useful when the opposition is faced with one of the classes involved in a multi-class trademark application. This way, the classes which do not meet opposition proceed towards registration directly.

The Peruvian intellectual property and its regulations are contained in national and international bodies of law, such as:

  • The Paris Convention for the Protection of Industrial Property.
  • Decision 486 of the Andean Community Commission.
  • Congressional order (Decreto Legislativo) 1075 approves Supplementary Provisions to Decision 486 of the Andean Community, establishing the Common Industrial Property Regime.
Other international treaties:
  • Singapore Treaty;
  • Lisbon Agreement;
  • Trademark Law Treaty;
  • General Inter-American Convention for trademark and Commercial Protection.

Is It is not necessary to demonstrate the use of a brand in Peru before filing a trademark application. Also, using a trademark does not provide any advantage before applying. We only gain rights for a trademark through its registration.

The International Classification of Goods and Services used to register trademarks in Peru is the Nice Classification.

Decision 486 of the Andean Community allows for an opposition proceeding after publication in the Official Gazette and before completing substantive examination proceedings.

If a mark is not used for three straight years in Peru or any other Andean Community country, namely: Colombia, Bolivia, and Ecuador, the registration is vulnerable to cancellation.

Marking Requirements for a trademark: it is not required.

They must be recorded, and pending applications can be assigned.

 

Trademark licenses have to be recorded before the Peruvian Trademark Office – INDECOPI.

ESTUDIO DELION

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