The registration process starts with the filing of an application with the Peruvian Trademark and Patent Office: national institute for market defense and intellectual property protection: INDECOPI. The Trademark and Patent Office will conduct a preliminary review in about one month to ensure that the application meets the formal requirements. If the application is in compliance, it will be published in the Intellectual Property Gazette; otherwise, an observation will be made.
Procedures to register a trademark in Peru
1. The registration process starts with the submission of an application to the Peruvian Trademark and Patent Office (PTO): national institute for market security and intellectual property protection: INDECOPI.
2. The Peruvian PTO will conduct a preliminary review in around a month to see whether the application meets the formal requirements.
3. If the Peruvian PTO does not have the necessary information or documentation in the application to continue with the process, it will issue a request for information, which must be responded to within 60 workdays. If the application is not corrected, it will be denied and its priority will be revoked.
4. Prior to this examination, the trademark is published in the Peruvian official Journal.
5. Objections may be filed during the publication stage. Third parties will have 30 days from the date of publication to file objections. If there are any objections, the opposition procedure will begin. If no objections are filed, the Peruvian PTO will conduct a final review and determine whether the trademark certificate should be granted or refused.
6. After the expiration of the objection period (assuming no oppositions), the Peruvian PTO will conduct a final review and determine whether the trademark certificate is granted or refused in accordance with trademark law.
7. Reconsideration and appeal: Finally, the Peruvian PTO has the authority to grant or refuse trademark registration. If the application is denied, the applicant has 15 days to file a reconsideration or appeal to revoke the PTO’s judgment.
How long is the trademark protection period?
Trademark registration in Peru is valid for ten years from the date of filing, and it can be renewed every ten years.
Please find the list of IP Firms in Peru here.