A trademark is a distinctive sign, symbol or expression used to identify the products or services of a company from those of another. It guarantees the genuineness of the product of service, and gives its holder the legal rights to avoid their trademark’s unauthorized use.
- It is the only way of obtaining rights to the trademark. - It provides national and/or local protection. - It allows to demonstrate ownership of the trademark. - It helps to discourage other people from using the trademark unlawfully. - Trademarks allow your business to effectively utilize the social media and make your customers find you easily. - If anyone uses your registered trademark, he/she will be presumed to be a willful infringer, and registering a trademark confers the ability to recover monetary damages as a result of the infringement. - If you don’t register your trademark and someone else registers a trademark very similar to yours, you’ll have to change its name and spend a lot of money changing advertising. It’s also possible that you lose customers.
- Words - Names - Devices - Certain three-dimensional shapes - Colors - Slogans - Sounds - Smells (olfactory trademarks)
Trademark protection in Peru lasts 10 years from the registration date and can be renewed indefinitely every 10 years. A renewal application must be filed within six months before expiration date.
The approximate time from application to registration (for a prosecution without an opposition) is five months.
An application is published for opposition purposes after formal examination of the application. The opposition period begins the first working day following publication and ends 30 working days after publication.
- Name and address of the applicant. - State or country of incorporation. - List of goods or services provided. - Trademark representation. - Power of attorney. - Official filing fee. - Class of the Nice Classification.
- Joint applicants are permitted in Peru. - Actual use or intent to use are not required for application. - Local address for service must be provided if the applicant is not domiciled in this jurisdiction. - The list of goods and services may specify the relevant class heading and the relevant entire alphabetical class listing. - In Peru, the type of registration available is national. - All documents must be translated into Spanish by an Argentine official translator. - All signed documents must be apostilled. - Peru uses the Nice Classification System. - Peru is a member of the Paris Convention, the Trademark Law Treaty, and the Lisbon Agreement. - Peru is not a party to either the Madrid Agreement or the Madrid Protocol and may not be designated in international applications. - European Union Trade Mark registration is not effective in Peru. - Multinational regional registrations are not available in Peru. - Applications can be filed online. - The official file can be accessed online. Searches must be paid.
If your trademark has been successfully registered and it is time for you to renew it, you can start the procedure six months before the expiration date. There is a six-month grace period to renew the trademark after the expiration date.
If you do not renew on time, you will need to file a complete new application.
No proof of use is required for renewal. Once renewed, it will be valid for another ten-year period starting from the previous expiration date.
Trademark renewal requirements:
- Name and address of the applicant. - Trademark description. - List of classes. - Power of Attorney. - Trademark registration number.
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