Trademark registration in Peru is a necessary activity for businesses wishing to do business in this market, the right to a trademark in Peru will be granted to the individual or company using the mark for the first time in the country.
Although trademark registration is optional, in practice, registration will give businesses an advantage in clearly proving ownership, preventing future conflicts related to trademarks as well as protecting businesses from trademark infringement cases. Trademark applications in Peru must be filed with the Peruvian Intellectual Property Registry.
It is not necessary to use a trademark to register it in Peru.
Requirements when filing a trademark application in Peru
An application for registration of a trademark in Peru must contain the following information: trademark to be registered, trademark registration request in Peru, trademark representation information, information about the applicant(s), list of goods and/or registration services, power of attorney if the trademark application in Peru is filed by an intellectual property agent, priority document.
A copy of the simply signed Power of Attorney must be filed within 60 working days of filing the trademark application in Peru. There is no need to legalize or notarize this document.
If priority is claimed, a certified copy of the priority document translated into Spanish must be submitted within nine months of the priority date.
An objection may be submitted within 30 working days from the date of publication of the application. If an objection is filed, the applicant has an additional 30 days to respond.
Term of validity and renewal of trademark
Fees for certification of trademark registration in Peru are not regulated. Trademark registration certificates will be valid for 10 years from the date of issuance and can be renewed for 10 consecutive years. Trademark renewal requests may be filed within six months prior to the expiration of the validity period of the trademark registration. Trademarks can be renewed for up to six months after the expiration date at no additional charge. To renew a trademark, a Power of Attorney is required.
Usage requirements
Trademarks may be canceled on the grounds that they are not used in any country of the Andean community within three years from the date of registration.
Represented by a trademark attorney
For foreign applicants, a trademark search in Peru needs to be done through a law firm or registered trademark attorney in Peru.
You can find the list of TOP IP FIRM IN PERU here.