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Peru Trademark Registration

Peru is a member of the Andean Pact. According to the Andean Pact agreement, there are common rules in trademark law in all member states of the Andean Pact (Bolivia, Colombia, Ecuador, Peru). Peru is also member of the Decision 486 of the Cartagena Agreement. Trademark protection is obtained by registration.

Requirements

A trademark application has to be filed before the Patent Office (INDECOPI) by a local agent. No notarization nor legalization required for the Power of Attorney. Foreign applicants do not need a domestic registration.

Procedure

The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. It takes approximately 5-6 months from first filing to registration. Prior to registration, the trademark application must be published in the official gazette "El Peruano" within a period of 30 working days. The opposition period is 30 working days from publication date of the application. Oppositions are also possible by owners of trademarks in other member states of the Andean Pact.

Duration

A trademark registration in Peru is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

Extra

Duly note, if the trademark has not been used within 3 years from issue of the registration certificate or has not been used later for a continuous period of 3 years, it may be subject to cancellation

Area Practice:

INTELLECTUAL PROPERTY

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