If you are planning to launch a product or brand on the Peruvian market, you will need to register a trademark in Peru to guarantee your competitive edge and protect yourself from imitation. Register a trademark in Peru to protect your brand and secure your company’s reputation. Registering a trademark in Peru is a crucial step business must undertake to establish their brand and protect their intellectual property in this vast and promising market.
If you have a corporate lawyer in Peru, they will be able to help you with the trademark registration process and support you with many other aspects of market entry and running commercial operations in the country, such as company formation and visa processing.
Peru remains a popular destination for foreign investment. Its economy, after being hit during the COVID-19 pandemic, has been recovering. The Central Reserve Bank of Peru has projected a GDP growth rate of 3.0% by 2024.
Peru remains a major producer of gold, copper and agricultural products. It also has a growing professional services sector. In 2022, the services sector contributed approximately 49.55% of GDP.
In 2022, Peru’s GDP was approximately US$242.63 billion. Despite the challenges of the pandemic, these figures still position Peru as an important economy in Latin America and the Caribbean.
Peru is also a trade hub, and founding member of the Pacific Alliance, a decade-old economic association that includes Chile, Colombia, and Mexico, and is making ambitious moves to expand into the Asia-Pacific region.
Peru is also a member of the Andean Community of Nations (CAN), a regional association focused on eliminating trade barriers that includes Bolivia, Colombia, and Ecuador.
In August, CAN introduced a freedom of movement statute offering potential benefits to resident businesses in all of the member states. And earlier this month, the organization launched a regional trademark database where intellectual property from its four members will be listed.
If you want to complete trademark registration in Peru, read on to learn more about how it will help your business. We have also included a step-by-step guide on the process.
Why You Need to Protect Your Intellectual Property in Peru?
Undertaking trademark registration in Peru gives you exclusive rights to use your brand or product, helping you maintain a competitive edge in the market.
With a trademark you will have the exclusive right to transfer your rights to third parties, and access to legal recourse to challenge any company that seeks to use or imitate your intellectual property.
Trademark registration in Peru is overseen by the National Institute for the Defense of Competition and Intellectual Property (INDECOPI). The items you can register a trademark for include:
- Brands
- Slogans
- Logos
- Products
- Symbols
- Geographical indications
Failure to register a trademark for your business in Peru could result in competitors copying you, or even registering a trademark that challenges your ability to continue trading a particular product or using a particular brand.
5 Steps to Complete Trademark Registration in Peru
In order to complete trademark registration in Peru, you will need to go through the following five steps:
- Step 1 – Conduct a trademark search.
- Step 2 – Submit the application form to INDECOPI.
- Step 3 – Respond to challenges.
- Step 4 – Respond to refusal notice.
- Step 5 – Renew your trademark registration in Peru.
1. Conduct a trademark search
First, you must identify whether another company is already trading a product or brand that is similar to the one you want to register. This is necessary to be able to fill in the application and adjust it accordingly.
2. Submit the application form to INDECOPI
You will need to have three copies of the application form and submit two of them to INDECOPI. Over the following month, your application will be reviewed, and additional information or documentation will be requested if needed.
3. Respond to challenges
Part of the trademark registration process in Peru involves publishing your application to provide third parties with the option of lodging counter claims on what you hope to register. In the event of valid opposition to your application, you will need to be prepared to defend it.
4. Respond to refusal notice
Even if no challenges are made, INDECOPI can refuse your application for trademark registration in Peru. If this is the case, it will provide details on why it did so. In the event of such an outcome, you have 15 working days to respond to the refusal and reassert your application. Where a challenge is made by a third party, you have 30 working days to respond.
5. Renew your trademark registration in Peru
Once it has been granted, your trademark will be valid in Peru for ten years. At the end of that period, you will need to renew your registration in order to maintain your intellectual property protection.
Our recommendation: Working with an experienced trademark attorney is crucial to successfully secure the registration process and increase the chances of a favorable outcome. At the same time, it is recommended to monitor the trademark once registered to detect any unauthorized use or infringement, which will allow you to act quickly to safeguard your trademark rights.
Commonly Asked Questions on Trademark Registration in Peru
Based on our extensive experience these are some common questions from clients registering a trademark in Peru:
1. What are the requirements to register a trademark in Peru?
- The Applicants Contact Information (Business name, business ID number, country of incorporation, phone number, office address, email address, etc.).
- Determine the class of your products/services to be registered in the International (Nice) Classification of Goods and Services.
- A detailed description of the brand, its origin, design, general description, and business activity.
- The date when you commenced using your brand commercially.
- If you wish to register your logo along with your brand, we request that you provide the logo in JPG format.
2. How long does it take to register a trademark in Peru?
The timeframe to register a trademark is 6 months, provided there is no opposition from third parties.
3. Do I need a local address or to be a resident in Peru to register a trademark?
No, it is not necessary to be a resident in Peru or to have a local address to register a trademark in Peru. Foreign applicants may file applications through a local representative or attorney.
4. What happens if my trademark application is rejected?
If your trademark application is rejected, you have the option to appeal the decision within a certain period of time.
5. Can I register a name or slogan in Peru?
Yes, names, slogans, logos and even colours can be registered as trademarks in Peru, as long as they meet the distinctiveness criteria and are not generic or descriptive.
6. What is a trademark search in Peru?
A trademark search in Peru is undertaken to confirm within the chosen jurisdiction the commercial existence of the name in use.
Biz Latin Hub Can Assist You With Trademark Registration in Peru
At Biz Latin Hub, our team of corporate support specialists can help you with trademark registration in Peru, among a host other back-office services that we offer.
Those include company formation, accounting & taxation, legal services, and visa processing. We can offer a tailored package of integrated services to suit your particular needs.
We also have teams in 15 other markets around Latin America and the Caribbean and specialise in multi-jurisdiction market entry.
Contact us today to find out more about how we can help protect your intellectual property and support you doing business.
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