PERU

• Kinds of Trademarks registrable in PERU

  • Trademarks must contain the following essential requirements to be registrable in Peru:

    1. Words
    2. Pictures
    3. Figures
    4. Symbols
    5. Letters
    6. Packaging

    Types of trademarks in Registrable in Peru:

    • Word Marks
    • Composed exclusively of words, letters or numbers and combinations thereof without any graphical features and specific colours.
    • Figurative Marks
    • composed of graphics, designs and logos.
    • Mixed Marks
    • combination of verbal and figurative marks at the same time and names presented in a stylised form.
    • Collective Marks
    • Service Marks
    • Well Known Marks
• Requisites for a Trademark to be registrable in PERU

  • Trademarks must contain the following essential requirements to be registrable in Peru:

    1. Distinctiveness
    2. Non-descriptiveness of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4. Not be same, similar, identical, either visually and/or phonetically to prior registered, pending marks.
• Kinds of Trademarks not registrable in PERU

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Peru:

    1. Descriptive marks, names, words and signs that form an integral and necessary part of the usual designation of a product or service.
    2. Trademarks comprising names, words, signs that have passed into public domain.
    3. The inherent shapes in products.
    4. Natural or intrinsic colour of the products or a single colour applied on them.
    5. Trademarks that are identical or similar to previously registered and /or prior existing trademarks.
    6. Deceptive and / or misleading trademarks.
    7. Name, Pseudonym or Portrait of a person without their express consent.
    8. Advertising phrases that are not original.
    9. Trademarks contrary to Morality, Decency and against the law of the land.

    TrademarkCopia through its associate Law Firms and Lawyers in Peru is at hand to help you with trademark registration and prosecution.

• Trademark Search in PERU

  • It is highly recommended to search the Trademark so as to ensure that the proposed trademark is not in conflict with prior existing trademark. However, phonetic trademarks can be searched for a fee.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Trademark Office of Peru.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Peru.

• Trademark Filing in PERU

  • Filing is done with the Trademark office of Peru.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA) – Simple PoA to be submitted within days from the filing of trademark application in Peru.
    6. Details regarding Goods and Services for which registration sought (Goods and Services classified as per NICE classification)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in PERU

  • Once the trademark application is filed with the IP office, it is assessed to confirm that it meets the requirements of registration as per the trademarks act.If the trademark application meets all the requirements of registration, it will be accepted for registration. If not, the applicant is notified of the same with a report setting out requirements if any that need compliance.

    The applicant has a stipulated period of time from the date of the examiner report to respond to compliances if any within the stipulated time, the trademark application is deemed abandoned.

• Trademark Publication & Opposition in PERU

  • Once the trademark application is accepted for registration, the details of the application will be advertised in the official Journal of Trademarks.Interested parties may oppose the registration within stipulated time from the date of advertisement.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Peru can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in PERU

  • If there is no opposition to the trademark application, or the opposition is unsuccessful, the applicant trademark will be registered and Certificate of registration is issued.

    Rights of Trademark Owners:Trademarks may be:

    • Exclusively used by the owners of the registered trademarks.
    • Transferred in whole or in part- Inherited
    • Assigned and licensed.
    • Mortgaged and creditors may seize such trademarks belonging to their debtors.
    • Licensed to natural or legal persons
    •  Prevented from unauthorized usage by third parties
    • The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in PERU

  • Pre- Registration: There is no advantage in using the mark prior to filing for registration, since rights are acquired only through registration.

    Post – Registration: Trademarks must be used continuously within 3 yrs. from the date of registration, else the mark could become vulnerable for cancellation owing to non-use.

• Trademark Cost of Registration in PERU

  • Please write mail for the cost of registration of trademark in Peru to the mail address given below:

    contact@trademarkcopia.com