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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.
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If I register my trademark in Peru, do I have protection in other territories?
The territorial limit of registration is Peru.
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Do I need to sign a Power of Attorney?
A power of attorney is required.
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Are there any benefits from a pre-filing use of the trademark?
Applicants do not benefit from pre-filing use of a trademark.
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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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
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What are the phases of application after a trademark has been filed in Peru?
The order of the application process is as follows:
- 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
- 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
- Substantive examination
- Registration
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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
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Does Peru use the "Nice Classification" system?
Peru uses the Nice Classification System.
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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.
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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.
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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.
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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.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the registration grant date.
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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.