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Peru Trademark Registration 

 
Attorneys - Peru
 
Welcome:

My name is Guillermo Bracamonte and I'm the representative Attorney in Peru.

I'll be personally in charge of your trademark registration process.
 
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A trademark attorney will process your trademark registration in Peru through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 3 months, if no objections or oppositions arise.

     

  • If I register my trademark in Peru, do I have protection in other territories?

    The territorial limit of registration is Peru.

  • Do I need to sign a Power of Attorney?

    A power of attorney is required.

  • Are there any benefits from a pre-filing use of the trademark?

    Applicants do not benefit from pre-filing use of a trademark.

  • Will there be problems in case I don’t use my trademark after registration?

    Attack on the ground of non-use is available.

  • What are the types of trademark that can be registered in Peru?
    • words
    • devices
    • names
    • certain three-dimensional shapes
    • slogans
    • colours
    • smells
    • sounds
    • trade dress/get-up
    • collective marks
    • well-known marks
    • certification marks
    • service marks
  • What are the phases of application after a trademark has been filed in Peru?

    The order of the application process is as follows:

    1. Formal examination according to:
      • formalities
      • classification
      • clarity
      • descriptiveness
      • distinctiveness
      • deceptiveness
      • conflict with prior registration, prior-filed application or earlier unregistered rights
      • the mark is generic
      • the mark conflicts with appellations of origin protected in Peru
      • the mark is contrary to the law and morality
    2. Publication of the application particulars:
      • mark
      • name of applicant
      • state or country of incorporation of applicant
      • citizenship of applicant
      • application number
      • application date
      • goods/services
      • priority claim information
      • representation of trademark
    3. Substantive examination
    4. Registration
  • What type of trademark is not registrable?
    • generic terms
    • marks contrary to moral standards or public order
    • non-distinctive trademarks
    • flags, names, or symbols of nations, states, regions or international organizations
  • Does Peru use the "Nice Classification" system?

    Peru uses the Nice Classification System.

  • Does the Community Trademark apply for Peru?

    Peru is not a member of the European Union; hence, the European Union Trade Mark registration (previously known as the Community Trade Mark registration) is not followed in this jurisdiction.

  • Is there any possibility to claim priority in Peru?

    Priority application can be claimed if:

     

    • the applicant's home country is a signatory to the Paris Convention
    • the home application was filed six months earlier than the application in Peru
    • the applicant's home country is a member of the Andean Community

     

    Consult a local trademark attorney or contact Marcaria.com.

  • What do I need to do to satisfy the use requirement?

    A trademark must be used within three years from the registration date.

     

    The amount of use must be on a commercial scale and must occur in Peru or any member state of the Andean Community.

  • Once my trademark has been registered, for how many years will be valid?

    The initial term of a registration is 10 years calculated from the registration date.

  • What will be the renewal date of my trademark?

    The first renewal date of a registration is 10 years from the registration grant date.

  • Is it legal to use my trademark even if it is not yet registered?

    It is legal to use an unregistered mark for any goods or services.


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