Peru Trademark Law: Quick Facts

Indecopi

Photo: Gestion.pe

Statistics Overview

If you plan to enter the Peruvian market and start business, it is important that you take into account some statistics on the situation of trademarks in Peru. The following are some data extracted from the publication “World Intellectual Property Indicators, 2019”:

Ranking of total (resident and abroad) IP filing activity by origin, 2018

Peru – Trademarks: 42

Ranking of resident IP filing activity by origin, 2018

Peru – Trademarks: 34

On the other hand, the following information is extracted from the Yearbook of Institutional Statistics of The National Institute for the Defense of Competition and Intellectual Property (INDECOPI):

INDECOPI – IP filing activity by origin, 2018

Resident: 23 644 | 64,64%

Non-resident: 12 935 | 35,36%

Total: 36 579

INDECOPI – IP filing activity by origin, 2019

Resident: 29 204 | 69,44%

Non-resident: 12 854 | 30,56%

Total: 42 058

Trademark system in Peru

Our Industrial Property System consists of a series of institutions, one of them being the Distinctive Signs. Within this category, we find trademarks, trade slogans, trade names, designations of origin, geographical indications, among other distinctive signs.

The distinctive signs are governed by a mixed system; however, in the particular case of trademarks, they are governed by a constitutive system of rights, for which in order to have protection in Peru, it is necessary to have a registration.

Trademark Procedure

In Peru, trademark registration procedures are carried out before the National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI), the administrative authority competent in first and second administrative instances for both contentious and non-contentious processes.

The registration procedure consists of 3 stages: 1) formal examination, 2) publication of the trademark in INDECOPI´s Electronic Gazette for a period of 30 working days for oppositions and 3) substantive examination. The length of the procedure is 180 business days as indicated by national regulations; however, in practice it may take approximately 3 months in the event of no observations nor objections.

At the end of the procedure, the electronic resolution which grants the rights and registration certificate are issued. The validity of the trademark is 10 years, renewable.

Legal Requirements

  • Copy of the power of attorney duly completed and signed, no legalizations are needed.
  • Description of the products and/or services as indicated by the Nice Classification.
  • Logo in JPG or PNG format.