Registering a trademark allows you to differentiate a certain product or service from competitors, it is an important step to consider since it grants exclusivity of the use of your trademark: You become the owner and the only authorized person to use it in the national territory.
A trademark can be a word, a drawing, letters, numbers, objects, emblems or figurative elements, among others.
The Peruvian entity in charge of protecting the intellectual property rights is the Peruvian National Institute for the Protection of Intellectual Property (INDECOPI), and it is important to consider that both a natural and a legal person (company) can present a trademark application in Peru.
1. Benefits of registering your trademark in Peru
Registering your trademark not only gives you exclusive use or ownership rights but also offers you the following:
Protect the company’s investments.
Open new opportunities for expansion through franchises, for example.
Help to obtain financing, thanks to the great value of the business that can be generated with the good use of the trademark.
2. Considerations of registering a trademark
Protection: You must register your trademark at INDECOPI and submit your application to the Directorate of Distinctive Signs of that entity.
Background: You must make a background search at INDECOPI regarding the logo you want to register to verify if there is an identical or similar one already registered, to avoid problems and unnecessary expenses.
Value: Your brand becomes a valuable company asset that increases its value and is recognized over time when used correctly.
Processing: It has a cost equivalent to 14.46% of the Peruvian Tax Unit, in addition to the expenses of publication of the application and background searches.
Validity: It has a duration of 10 years and can be renewed.
Plagiarism: If you see someone else using your trademark, report it and INDECOPI will sanction that person with a fine.
A simple document that expresses your consent if you wish to be notified via email.
Receipt of the payment of government fees from ‘Banco de La Nación’
2 copies of the application form.
Image of your brand printed.
If the process is being managed by a third party, attach a copy of a power of attorney.
If this is on behalf of a company, it has to be shown that the person signing the application has powers of representation before administrative authorities (you can attach a copy of the certificate of incorporation).
Any document in another language must be accompanied by a simple translation into Spanish.
4. Completion Time
This process can take up to a maximum of 180 business days after submitting your application.
Get Assistance from Easyco Experts
If you are setting up your company in Peru, remember that trademark registration is an important step to protect the identity of your company; get in touch with the experts that will assure you the right way to do it successfully.
At Easyco, our team has vast experience helping all-sized companies do business in Peru. We are ready to assist you!
Easyco also provides additional services to guarantee your company’s compliance, which include: