If you have already decided to enter the Peruvian market, it is very important that you know the details of the registration procedure for your trademark.
Formal examination stage
Once your trademark application has been filed, a filing date will be generated which will provide you a prior right over any other trademark filed. This means that you will have a better right to access the registry compared to other applications for the same sign.
Subsequently, your mark will be assigned a file number and will enter the formal examination stage. In this stage, it will be analyzed if your mark meets certain formal requirements, such as having a duly completed and signed power of attorney, payment of the official fee, consistency between the class and the products and/or services distinguished by the mark, among other aspects.
In case there is any inaccuracy, the Trademark Office will notify an ex officio in order to overcome it within a period of 10 business days, or 60 business days, if it is necessary to present any documentation or remaining information.
Once the formal examination stage has been completed, the trademark will be published in the INDECOPI´s Electronic Official Gazette. From this moment on, a period of 30 business days will be opened for interested third parties to file an opposition, with the possibility of requesting an additional period of 30 business days to present evidence to support it.
The Trademark Office will notify the applicant with the opposition and he can present his answer within 30 business days. The applicant may request an additional one-time period of another 30 business days to present the evidence to support his reply.
Substantive examination stage
Once the opposition period has expired and whether oppositions have been filed or not, the Trademark Office will analyze the registrability of the mark based on two criteria:
- Absolute grounds: It will be analyzed if the mark meets the essential requirement of being distinctive. For example, generic or descriptive trademarks will not be granted.
- Relative grounds: It will be analyzed whether the mark generates a likelihood of confusion or association with respect to other mark previously filed or registered.
If the mark is in any assumptions of absolute grounds, it will not be necessary to analyze the relative grounds and the application will be rejected. However, if the mark overcomes the first filter, the relative ground analysis will be performed.
In this last filter, the Trademark Office will analyze background information of similar marks in the corresponding class and in others that have a commercial connection. The mark will be granted if it does not create a likelihood of confusion with respect to another registered or previously filed trademark application.
Appeal or reconsideration
In the event of a rejection by the Trademark Office, the applicant may file a reconsideration or appeal within a period of 15 business days. For the first case, it will be necessary to support the appeal in new evidence. In case of appeal, the arguments must be based on the appealed extremes and in law basis.
If the resolution is challenged with a remedy of appeal, the file will be submitted to the Intellectual Property Chamber. Only if the ruling of the second administrative instance is negative, the applicant may file a contentious administrative action before the Judiciary.
Trademark procedure length
3 months in practice, without ex officio remarks nor oppositions.
Legal deadline: 180 business days per administrative instance.