- North & South America
2. The current trademark regulations in Peru are mainly based on Resolution 486 of the Andean Community Commission, which came into effect on December 1, 2000, and Decree 1075 of February 1, 2009.
3. The Peruvian Industrial Property Office is responsible for managing trademark affairs, and the official language is Spanish.
4. The trademark registration in Peru follows the principle of "application first".
5. The version of the Peruvian commodity classification table is the 11th edition of the Nice Classification, and trademark registration allows for multiple categories for one label.
Peru is a signatory to international intellectual property treaties such as the Paris Convention and the WIPO Convention; As we have not yet joined the Madrid Agreement or Madrid Protocol, trademark registration can only be processed through "single country registration".
The trademark is valid for 10 years from the date of registration, and each renewal after expiration is valid for 10 years. The renewal application must be submitted within 6 months before the expiration of the trademark, and the extension grace period is 6 months (no late fee is required).
1. Applicant's Chinese and English names and addresses
2. Trademark design
3. Trademark name, category of goods or services
4. The signed trademark agency power of attorney (no notarization or authentication required) must be submitted with a copy within 60 days from the application date
5. If priority is to be declared, a copy of the priority document translated into Spanish must be submitted within 9 months from the priority date.
The trademark registration in Peru adopts the principle of pre announcement review. If there is no objection or objection is not established during the announcement stage, the official will conduct substantive examination.
The applicant submits a trademark application, and the examiner will check whether the application documents are correct. If there are errors, a correction notice will be issued, and the applicant can make corrections according to the notice.
Next is the announcement period, during which the official will publish the trademark in a journal for public opposition. The announcement period is one month. During the announcement period, if any objections are raised, the applicant will be given an additional 30 days to respond.
If there are no objections during the announcement period, the trademark will enter the substantive examination stage, and the examiner will check whether the trademark has uniqueness, conflicts with prior trademarks, etc. If the examination is unsuccessful, the examiner will issue a rejection notice, and the applicant may file a review with INDECOPI or appeal to the competent authority within the specified time.
If the examination is successful, the Peruvian trademark will be approved for registration.
In general, if the registration process goes smoothly, it takes about 5-6 months from the application date.
