By Evelyn Dueñas, OMC Abogados & Consultores
In recent times, trademark registrations have increased in Peru, this is due to the simplicity of the procedure and its speed, being accessible to more and more people. Protecting your brand through trademark registration is crucial to safeguard your intellectual property rights and maintain a strong market position. In this article we will dive into the essential requirements, step-by-step procedures, and recommendations to ensure successful trademark protection in Peru.
Content
1. What can be registered as a trademark in Peru?
2. Why can you be refused to register a trademark in Peru?
3. The process of trademark registration in Peru
4. Trademark opposition process in Peru
5. Costs of trademark registration in Peru
6. Final thoughts
1. What can be registered as a trademark in Peru?
Before delving into the requirements and other peculiarities of trademark registration in Peru, it is important to have a general idea of what can be registered as a trademark and what some prohibitions are in trademark registration.
A trademark is defined as a sign that serves to identify and differentiate products and services in the market. Trademarks can be of different types:
Denominatives: made up only of one or more words.
Figurative: made up of an image or figure.
Mixed: made up of a term together with a figure.
Three-dimensional: formed by the shape of various bodies with 3 dimensions, such as wrappers, packages, containers.
2. Why can you be refused to register a trademark in Peru?
Now that we know the types of trademarks, it is necessary to understand the reasons why a registration can be denied. It should be considered that the registration of a sign that incurs in any of the prohibitions provided for in articles 135 and 136 of Decision 486 will be denied. Additionally, according to the provisions of Article 137 of the same Decision, the authority may also deny the registration of a trademark. Also read about trademark registration in Brazil.
Among the most common prohibitions, reference can be made to the following:
- When the sign is devoid of distinctiveness.
- When the sign is descriptive, that is, it is limited to describing the quality, quantity, destination, value, geographical origin, production season or other characteristic data or information for which said sign is to be used.
- When the sign is generic because it consists of an indication that it is the generic or technical name of the product or service in question.
- When the sign is usual because it consists exclusively or has become a common or usual designation of the product or service in question in the common language or custom of the country.
- When the sign may mislead the commercial media or the public, in particular regarding the geographical origin, nature, method of manufacture, characteristics, qualities or aptitude for use of the products or services in question.
- When the sign reproduces or imitates coats of arms, flags, emblems, among others, without the corresponding authorization.
- When the requested sign is identical or similar to a sign requested or registered by a third party (brand, trade name, trade motto) at Indecopi for the same products or services, or for products or services for which the use of the mark may cause a risk of confusion or association.
- When the requested sign affects the identity or prestige of legal persons with or without profit, or natural persons, especially in the case of the name, surname, signature, title, hypocoristic, pseudonym, image, portrait or caricature of a different person of the applicant (unless the consent of that person or their heirs is accredited).
- When the requested sign infringes the industrial property right or the copyright of a third party (unless the third party consents).
3. The process of trademark registration in Peru
After knowing the prohibitions of the trademark registration, we can talk about the requirements and the registration procedure, as we had already anticipated at the beginning of this article, the registration procedure is quite accessible, firstly because there are not many requirements to proceed with it. First, it is advisable to proceed with a search for the trademark in order to determine if there is no similar trademark. This search can be done through the Indecopi page, once it is certain that there is no similar brand that could hinder the registration, proceed to fill out the form.
In the aforementioned form, certain important data must be entered, such as the name of the applicant, country, the name of the brand, type of brand and class, as well as products or services that are to be requested. It should be noted that in Peru we do use the Nice classification in which you can search and choose different products and services.
Once the form has been completed, the application can be submitted either virtually in which users create an account to gain access or in person by going to the Indecopi offices.
Once the application has been submitted, Indecopi carries out a formal examination in order to determine if the formal requirements have been met. In case there is any requirement for precision of any product or service, a power of attorney is issued. After receiving Notification, which can be either 10 days or 60 days depending on the case, the trademark will be published. The publication period lasts for 30 days, during which oppositions can be raised. Finally, a Notice of Allowance will be issued to determine whether or not the trademark will be registered. This entire process can take approximately 6 months, depending on whether or not any opposition is raised against the trademark.
4. Trademark opposition process in Peru
Finally, it is important to make a special mention of the opposition process. As we indicated in the previous paragraph, a trademark can receive oppositions. Through this procedure, the owner or applicant of a trademark opposes the trademark of a third party that is of a later date. This is done considering that their similarity or identity could generate a risk of confusion. Oppositions can not only be based on registrations or previous applications in our country but also on registrations in other countries of the Andean Community or registrations of countries that are part of other treaties such as the Washington Convention. An opposition can even be sustained in bad faith.
5. Costs for trademark registration in Peru
The fees for trademark registration in one class:
| Professional fee | $320 |
| Official fee& taxes | $230 |
The fees for trademark registration per each additional class:
| Professional fee | $270 |
| Official fee& taxes | $230 |
The trademark registration cost in Peru via the iPNOTE platform starts from as low as $550, which includes all government fees and document preparation. Find the best IP attorney in Peru on iPNOTE.
6. Final thoughts
Based on what we have presented in this article, registering a trademark is now a simple process thanks to the availability of accessible tools that allow users to initiate and continue the process remotely, from the comfort of their own home. Furthermore, trademark registration is crucial as it grants special rights to its owner, which can prevent third parties from appropriating the trademark and registering identical or similar signs.
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