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.
Table of contents
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
No registration is prohibited
Certain types of trademarks are not registered, such as:
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.
To file for trademark protection in Peru, you can file using the following filing methods:
If you need to file a trademark application, please contact Viet An Law for the most effective support.
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