Instruction for Trademark Registration in Peru

Peru is located on the Pacific coast, which is convenient for exporting goods to major markets such as Asia and North America. The country is a member of the Andean Community (CAN), Mercosur and the Asia-Pacific Economic Cooperation (APEC) forum, which facilitates regional economic integration. Peru is the world’s second-largest producer of copper, silver and zinc, as well as Latin America’s largest gold producer. Other minerals such as molybdenum, lead, iron ore and uranium also have significant reserves. Peru has diverse climatic conditions, suitable for many crops such as coffee, cocoa, cotton, grapes, potatoes, corn and wheat. Aquaculture, especially salmon and flounder farming, is also an important industry. Peru has South America’s second largest area of rainforest, which is a source of timber, rubber and other forest products. Peru’s economy has maintained steady economic growth over the past decades, with GDP growing at an average of 4% per year. The Government is currently implementing many policies to encourage investment and business development. Therefore, more and more businesses are expanding their business scope in Peru, in order to be able to distinguish their brand from other competitors, businesses need to pay attention to trademark registration procedures. Viet An Law would like to guide customers preliminarily through the procedure for trademark registration in Peru through the article below.

Legal basis

• Legislative Decree No. 1092 on Approving Border Measures for the Protection of Copyright and Related Rights, Trademark Rights (as amended by Legislative Decree No. 29316)

The concept of “trademark” in Peru

• Symbols: Include letters, phrases, logos, symbols, designs, or combinations of these elements.
• Identification and distinction: A trademark must be unique enough to distinguish one company’s goods or services from another. Do not generalize or describe the product itself.

Conditions for trademark registration in Peru

Differentiability

The trademark must be able to distinguish your product or service from other products or services in the market. It must not generally describe the nature, function or characteristics of the product or service. For example, “Sneakers” is not a distinct trademark because it simply describes the product. However, “Super Speed Sneakers” can be considered viable because it includes the unique element “Super Speed”.

Legal

A trademark must not violate public order, good morals or the rights of third parties. It may not use national symbols or religious symbols illegally.

Can be represented visually

• The trademark must be able to be represented graphically i.e. include words, logos, symbols, sounds, scents or combinations of these elements.
• Note: Scent trademarks are more difficult to register due to challenges in describing and enforcement.

No registration is prohibited

Certain types of trademarks are not registered, such as:

• A trademark that describes a generic product or service
• The trademark includes only the functional shape of the product
• A trademark that is identical or confusing to a pre-registered trademark for the same goods or services

Types of trademarks that can be registered in Peru

Letter marks (Marcas Denominativas): This type of trademark includes only words or phrases. For example, “Adidas”, “Coca-Cola” or a slogan like “Just Do It”.

Visual trademarks (Marcas Figurativas): This type of trademark includes your logo, symbol, design, or any visual element that represents your brand. For example, the Apple logo, the Nike “swoosh” symbol, or the signature shape of a Coca-Cola bottle.

Marcas Mixtas: This type of trademark combines both text/phrase and visual elements. For example, the Lacoste logo with an alligator or a combination of the KFC logo and the phrase “Kentucky Fried Chicken”.

3D Trademarks (Marcas Tridimensionales): This type of mark protects the shape or configuration of the product itself, as long as it is more than just feature-packed. For example, the iconic Coca-Cola bottle shape or the signature design of the Toblerone chocolate bar.

Collective marks (Marcas Colectivas): This type of mark identifies goods or services originating from a specific association or group of members. Example: A certification mark for an organic product used by a farmer corporation.

Certification mark (Marcas de Certificación): This type of mark guarantees some characteristics of a product or service, such as quality, origin or ingredients. For example, the Fair Trade certification mark or the Energy Star label for energy-efficient appliances.

Trademark registration documents in Peru

Applicant Information

• Applicant name and address: The legal name and full contact information of the applicant, including phone number and email.
• Type of applicant: Indicates whether the applicant is an individual, company, or other legal entity. (Examples: Sole Proprietorship, Partnership, etc.)

Trademark Information

• Images that represent trademarks: These can be image files (JPEG, PNG) or a clear and detailed description of the trademark (lettering, logo, design, etc.).
• List of goods and services: A clear and specific list of the goods or services the applicant intends to use the trademark. Applicants can use the International Classification of Goods and Services (also called the Nice Classification for goods and the Vienna Classification for services) for ease of reference. These classification systems classify products and services, making it easier for the Trademark Office to review an applicant’s application.
• Claim of Use (if applicable): If the applicant has already started using the trademark in Peru, the applicant may submit a statement of use with evidence (e.g. product packaging, marketing materials) to potentially expedite the registration process.
• Power of Attorney (if applicable): If the applicant uses an attorney or intellectual property representative to file the application, the applicant may need an Authorization that allows them to file on the applicant’s behalf.

How to file for trademark registration in Peru

To file for trademark protection in Peru, you can file using the following filing methods:

• Direct submission: You can go directly to the National Procuracy for the Protection of Competition and Intellectual Property (INDECOPI) at Calle de la Prosa 104 San Borja Lima-Perú to submit your application and related documents.
• By Post: You can send your application form and all required documents via postal service or courier service to the address of the National Procuracy for the Protection of Competition and Intellectual Property (INDECOPI) at Calle de la Prosa 104 San Borja Lima-Perú.

Trademark registration service in Peru of Viet An Law Firm

• Perform the search and notify customers in writing of the results of trademark search in Peru;
• Drafting documents and directly submitting and monitoring the status of trademark filing applications in Peru on behalf of trademark owners;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Peru;
• Support monitoring, representing the resolution of objections and feedback with intellectual property representatives to carry out procedures in Peru.
• Receive dispatches, certificates and hand over to customers (if any).

If you need to file a trademark application, please contact Viet An Law for the most effective support.