Trademark registration in Peru

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 National Institute for the Defense of Competition and 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: INDECOPI charges a filing fee per class, with a reduction for qualifying micro and small businesses. Publication in INDECOPI’s electronic gazette is automatic and free.

• Validity: A registration lasts 10 years from the grant and can be renewed for further 10-year periods. A mark that is not used for three consecutive years can be cancelled at the request of any interested party.

• Plagiarism: If you see someone else using your trademark, you can file an infringement action with INDECOPI, which can order the use to stop and impose fines.

3. Requirements

• Email address.

• A simple document that expresses your consent if you wish to be notified via email.

• Proof of payment of the INDECOPI filing fee

• The application form, filed online through INDECOPI’s virtual front desk or in person.

• The logo, if the mark includes one, and the list of goods or services with their Nice classes.

• 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 (for example, a SUNARP certificate of powers (vigencia de poder)).

Any document in another language must be accompanied by a simple translation into Spanish.

4. Publication and opposition

If the application meets the formal requirements, INDECOPI publishes it once in its electronic gazette. Anyone with a legitimate interest can oppose it within 30 business days of publication; if there is an opposition, the applicant has 30 business days to respond. INDECOPI then examines the application and grants or refuses the mark, and a refusal can be challenged within 15 business days.

Get help from Easyco

Easyco coordinates company formation in Peru up to the issue of the RUC, and supports companies afterwards with tax, accounting, payroll and legal representation. Read how to set up a company in Peru, or contact us to discuss your project.

Easyco also provides:

• Appointment of a legal representative
• Providing a registered office address
• Handling tax and accounting
• Payroll and employer of record services
• Support with your corporate bank account opening
• Recruiting and hiring