Peru (PE)
07-20-2009 (Newsletter Issue 1)
Multi-Class Application Now Possible
Currently, the multi-class system has been established, and it is possible to file multi-class applications.
Trademark application must be published in the official gazette “El Peruano” within a period of 30 working days (previously, this term was 3 months from the date of receipt of the office action).
Legal basis is the Industrial Property Law, in force since Janurary 1st, 1994, and the Andean Pact Decision concerning industrial property, in force since December 1st, 2000.
Peru is a member of the Andean Pact.
According to the Andean Pact agreement, there are common rules in trademark law in all member states of the Andean Pact (Bolivia, Colombia, Ecuador, Peru). The international classification of goods and services consisting of 45 classes has been adopted.
Trademark protection is obtained by registration.
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, colours, combinations or shades of colours, three-dimensional forms, the three dimensional form of a good or its packaging, sound marks and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks, designations of origin, certification marks, trade names and titles of establishment.
The application is filed at the Patent Office (INDECOPI).
Multiple-class applications are possible. Even though one application is possible, the official fees have to be paid for each class.
Foreign applicants need a local agent.
A power of attorney authenticated by a consulate of Peru is necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration or first office action is approx. 5 to 6 months.
Prior to registration, the trademark application must be published in the official gazette “El Peruano” within a period of 30 working days.
An accelerated registration is possible.
The opposition period is 30 working days from publication date of the application. Oppositions are also possible by owners of trademarks in other member states of the Andean Pact.
A trademark registration is valid for 10 years from the date of registration.
The registration is renewable for periods of 10 years.
If the trademark has not been used for a continuous period of 3 years in a member state of the Andean Pact, it may be subject to cancellation.
The official fee is approx. EUR 112.00 per class (This does not include publication in the official gazette El Peruano).
| Search type |
First class |
Add. class |
| Word Mark Search (availability) |
260,00 € |
230,00 € |
| Word Mark Search (identical) |
210,00 € |
170,00 € |
| Extended Search (word mark, company name, domain) |
720,00 € |
230,00 € |
| Device Mark Search (availability) |
420,00 € |
290,00 € |
| Trademark Owner Search |
290,00 € |
|
| Company Name Search |
540,00 € |
|
| Domain Name Search (extended) |
|
|
| i-Search (word mark availability + legal opinion) |
440,00 € |
410,00 € |
The Prices above are S.M.D. Markeur Search Fees