Trademarks Law in Peru
Trademark law in Peru is primarily governed by the Andean Community Decision 486, which establishes a common industrial property regime for member countries, including Peru. Additionally, Legislative Decree No. 1075 provides national regulations complementing Decision 486.
📄 Trademark Registration Process
Application Submission: Trademarks can be registered with the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI). Applications can be filed online or in person. Foreign applicants must appoint a local representative.
Formal Examination: INDECOPI conducts a formal examination to ensure compliance with filing requirements.
Publication: If the application passes the formal examination, it is published in INDECOPI's Electronic Official Gazette. This publication opens a 30-day opposition period, during which third parties can challenge the application.
Substantive Examination: After the opposition period, INDECOPI performs a substantive examination to assess the trademark's distinctiveness and potential conflicts with existing marks.
Registration: If no opposition is filed or if the opposition is resolved in favor of the applicant, INDECOPI registers the trademark and issues a Certificate of Registration.
⏳ Duration and Renewal
Initial Protection: Trademarks are protected for 10 years from the registration date.
Renewal: Registrations can be renewed indefinitely for successive 10-year periods. Renewal applications should be submitted within 6 months before the expiration date. A 6-month grace period is available after expiration, subject to an additional fee.
⚖️ Use Requirement and Cancellation
Use Requirement: A registered trademark may be subject to cancellation if it has not been used in any member country of the Andean Community for 3 consecutive years. The burden of proof lies with the trademark owner to demonstrate use
Cancellation Process: Cancellation actions can be initiated by any interested party. The process typically takes 3 months at the first instance and up to 10 months if appealed.
🌍 International Protection
Madrid Protocol: Peru is not a member of the Madrid Protocol, so international trademark registrations under this system do not extend to Peru.
Paris Convention: Peru is a member of the Paris Convention, allowing applicants to claim priority based on earlier filings in other member countries.
🛡️ Enforcement and Legal Actions
Infringement Actions: Trademark owners can initiate legal actions for infringement, including seeking injunctions and damages.
Opposition: Oppositions can be filed against new trademark applications that conflict with existing rights.
Cancellation for Non-Use: Trademark owners can request the cancellation of a registration if it has not been used for 3 consecutive years.
✅ Summary
Peru offers a robust trademark protection system under the Andean Community framework. The process involves formal and substantive examinations, a publication period for oppositions, and a clear path to registration. Trademarks are protected for 10 years and can be renewed indefinitely. Use is required to maintain the registration, and non-use can lead to cancellation. While Peru is not part of the Madrid Protocol, it is a member of the Paris Convention, facilitating international protection through priority claims.
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