In Peru, it is important for every business to maintain the legal validity of a registered trademark. According to the regulations of INDECOPI – Peru’s National Agency for the Protection of Competition and Intellectual Property, trademark ownership is granted for a term of 10 years. Therefore, in order to ensure that the exclusive interest is continuous and the legal validity of the trademark is not interrupted, it is necessary to carry out the registration renewal procedure. Viet An Law would like to guide customers through the procedure for extending trademark registration in Peru through the article below.
Period for trademark registration renewal in Peru
In accordance with Peruvian intellectual property law, the validity of the Initial Trademark Registration Certificate is ten (10) years, which is calculated from the date of issuance of the Protection Title. In order to ensure the legal and continuous ownership of its trademark in Peruvian territory, The owner needs to carry out the renewal procedure before this protection period ends.
The time to apply for a renewal is within six (06) months immediately before the expiration date of the trademark. However, Peruvian law also provides for a grace period of six (06) months from the date the trademark registration officially expires. During this grace period, the owner still has the right to apply for a renewal. However, you should note that filing during this grace period will incur an additional penalty fee due to late filing in accordance with current INDECOPI regulations.
Trademark registration renewal dossier in Peru
- Renewal Application: Official form provided;
- Information about the trademark to be renewed: Including the registration number of the trademark, the date of issuance of the Protection Title, and a copy (if any) of the current Trademark Registration Certificate;
- Trademark owner details: The owner’s full name or legal name, address, nationality, or country of incorporation;
- Power of Attorney (Power of Attorney): If the renewal application is filed through a legal representative, a valid power of attorney from the owner is required to authorize the representative to carry out the renewal procedure. For foreign owners, having an authorized representative in Peru is a requirement. This power of attorney usually does not need notarization or consular legalization, only the signature of the owner;
- Receipt of payment of fees.
Processing trademark registration renewal dossier in Peru
Apply to INDECOPI
The application is submitted at the INDECOPI reception department. Submissions can be made directly at INDECOPI offices.
Check the form and pay the fee
INDECOPI will conduct a preliminary examination of the dossier to ensure that it meets the formal requirements including:
- Completeness of the documents in the dossier.
- Does the information on the application match the original registration data?
- Whether the application is submitted within the allowed time frame (before or during the 6-month grace period after expiration).
- Whether the renewal fees (including late payment penalties) have been paid in full and on time.
If the application is deficient in form or the fee has not been fully paid, INDECOPI will send a notice of additional request
Recording and Updating the Register
After the application is approved, INDECOPI will proceed to record the renewal of the protection of the trademark in the National Register of Trademarks of Peru. INDECOPI will issue a written confirmation that the trademark has been successfully renewed.
