The following articles shall comprehensively guide to register trademark in Peru which the trademark applicant should note prior to officially filing Peru trademark.
| QUESTIONS | ANSWERS |
| What is trademark rights in PERU: first to file or first to use? | First to file is applied in Peru. It is required to register in order to obtain the protection of a trademark. However, using a trademark that is not registered is not illegal.
|
| What is advantage of trademark registration in PERU? | The trademark registration will recognize the ownership of the applicant with the trademark. The owner of the registered trademark also has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark.
|
| Definition of trademark in PERU (i.e. What can be a trademark in PERU)? | Any sign that is capable of distinguishing goods and services on the market shall constitute a trademark. The following signs, among others, shall be capable of constituting a trademark: words or a combination of words; pictures, figures, symbols, graphic elements, logotypes, monograms, portraits, labels, and emblems; sounds and smells; letters and numbers; a color demarcated to give it a specific shape, or a combination of colors; the shape of a product its packaging or wrappings; any combination of the signs or means indicated in the items above. |
| Do we need to conduct trademark search in PERU before officially filing trademark in PERU? and Why? | It is not mandatory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in Peru. |
| What international treaties PERU is a member? | Peru is the member of Paris Convention, Trademark Law Treaty, Lisbon Agreement and General Inter-American Convention for Trademark and Commercial Protection. |
| When is opposition to trademark application in PERU? | Any parties have the right to file the opposition against an applied trademark before it has been granted the protection. |
| Do we need Proof of use for trademark in PERU? | Proof of use is not required for obtaining the protection of trademark in Peru. However, it is required to have the proof of use for defending the trademark against the non-use claim.
|
| What rights do owners of trademark have after getting trademark registration in PERU? | After getting trademark registration, the owner of trademark has the right to defence the trademark against the infringement action, unfair competition, unlawfully use of the trademark or have the right to license or transfer the trademark registration to another party. |
| What is term of trademark in PERU? | A trademark should be protected in Peru for ten years starting from the registration date. |
| What is use requirement after trademark registration in PERU?
What actions could be considered as use of trademark in PERU?
Could we stop validity of trademark registration certificate based on non-use for a period of time?
How many years of non-use? |
The trademark is required to be used in Peru and it must be used within three years from the registration date. The use of trademark must be on commercial scale and must be occur in any member of the Andean Community.
In case the owner of the protected trademark failed to comply with the requirement of trademark use, the protected trademark may be cancelled based on the ground of non-use.
|
| Is cancellation of trademark registration in PERU available?
What is the foundations for such cancellation? |
The cancellation of trademark registration in Indonesia is available. A trademark may be cancelled where: – The registered trademark conflict with the earlier trademark; – The trademark consists the signs are indistinguible such as the sign indicates the kind, quality, quantity, intended purpose or value of goods/services or other characteristics of goods or services. – The marks that breach the copyright of another parties. – The mark that are similar or identical with the well-known trademark. – The mark that are similar or identical with the armorial bearings, flags and other state emblems. – The mark that are conflict with the protected industrial design or geographical indication. – The mark is generic. – The mark is against the public policy or morality of the social. – The mark that are deceive the public. |
| What is required documents for renewal trademark in PERU?
Is grace period after renewal date allowed? |
The grace period is 06 months from the expire date of the trademark registration. The power of attorney is required for renewing a trademark in Peru. |
| Is customs record of trademark registration available in PERU? | The trademark registration may be recorded on customs data but it is not automatically mechanism. The owner of Trademark must file the request to Customs authority of Peru for assistance with enforcement of trademarks. |