Peru Trademarks Information
Do you need to file a new application, renew or modify your trademarks in Peru? You are in the right place.
peru FAQ
how to issue a power of attorney -poa- for a latin american country?
which are the patent application requirements in peru?
multiclass trademark registration
trademark registration requirements in peru
in what countries is possible to claim a patent an use and a second use?
what is the time frame for a third party to file an opposition in a trademark application procedure?
what latin american countries are part of the trademark law treaty-tlt?
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Trademark Acts
1. Decision No. 486 of September 14, 2000 – Common Regime on Industrial Property
2. Decision No. 291 of March 21, 1991 – Common Regime for the Treatment of Foreign Capital and on Trademarks, Patents, Licenses and Royalties
3. Decision No. 689 of August 13, 2008 – Adequacy of certain articles of Decision 486 – Common Regime on Industrial Property, to allow the development and deepen of Industrial Property Rights across the internal regulation of the Members States
4. Law No. 29316 amends, incorporates and regulates miscellaneous provisions on the implementation of the Trade Promotion Agreement signed between Peru and United states
5. Law No. 27444 of April 10, 2001; Law on the General Administrative Procedure (2001)
Regulation
• Legislative Decree No. 1075 of June 27, 2008. Resolution approving the Complementary Provisions to Decision 486 of the Andean Community Commission establishing the Common Regime on Industrial Property
• Legislative Decree No. 1092 approving protection measures to be implemented at the national borders in order to protect Copyright and Related Rights and Trademarks (2008)
• Legislative Decree No. 1029 of June 23, 2008 amending Law No. 27444. Law of General Administrative Procedure (2008)
• Legislative Decree No. 1044 of June 25, 2008; approving the Law on Suppression of Unfair Competition
• Legislative Decree No. 1033 of June 24, 2008; Law on Organization and Functions of the National Institute for the Defense of Competition and Protection of Intellectual Property Rights (INDECOPI)
International convention
WIPO, WTO, CAN, Lisbon Agreement, Patent Cooperation Treaty (PCT), Brussels Convention, Trademark Law Treaty, General Inter-American Convention for Trade Mark and Commercial Protection
Trademark registration Requirement
1. Complete applicant identification, (name, address, Phone number, E-mail address) If the applicant is a corporation, it is required the same information noted above, for the legal representative.
2. Design of the trademark logo in gif or jpg. Format (If the trademark is stylized -logo-) If the colors are important then you should send the logo in color.
3. Accurate and complete indication of the products or services that you wish to protect with the trademark. An application can be filed for products or services included in multiclass. Multiclass registration is allowed in Peru. For every additional class it had to be paid as per one application in one class.
4. The class according with the ninth edition of the Nice International Classifiaction http://www.wipo.int/classifications/nivilo/
5. The priority document issued by the competent authority, if you wish to claim trademark priorities.
6. A simple (non-official) translation to Spanish Language of the priority document.
7. The Power of Attorney. This POA must be notarized and legalized up to the Peruvian Consulate in your country. If your country is part of the Hague Apostille Convention, an Apostille is sufficient. Check if your country is part of this convention in:
http://www.hcch.net/index_en.php?act=conventions.status&cid=41#mem
8. A certificate of incorporation or business certificate. This document must be legalized before a Peruvian Consulate or with Apostille.
9. A simple (non – official) translation to Spanish language of the business certificate or certificate of incorporation. For documents not sent in Spanish language, we offer you a translation service (From English to Spanish only).
Trademark registration procedure
1. The registration process begins filing an application in the Peruvian Trademark and Patent Office: national institute for the defense of competition an protection of intellectual property:INDECOPI
2. After in about one month, the Peruvian PTO will make a preliminary examination to verify if the application complies with the formal requirements.
3. If the Peruvian PTO do not have the correct information or lacks documents in the application to proceed with the process, It make a request for information which should be answered within a period of 60 labor days. if the application is not corrected, then the application shall be rejected and will lose its priority.
4. Prior this examination, the trademark is published in the Peruvian official Jurnal.
5. During the publication stage it is possible to make objections. Third parties will have 30 labor days after publication date for presenting oppositions. If oppositions are made then the opposition procedure will start. If there are no oppositions the Peruvian PTO will perform the final examination and decide whether the trademark is granted or denied.
6. After the objection period has passed (If there are no oppositions) the Peruvian PTO will perform the final examination and decide whether the trademark is granted or denied according with the trademark law.
7. Reconsideration and appeal: Finally The Peruvian PTO may grant or deny registration of new trademark. If deny, the applicant can file a reconsideration or an appeal in order to change the PTO decision, for this have 15 labor days.
8. A trademark registration in Peru is valid for 10 years from the filing date, The registration is renewable for periods of 10 years.
