Any natural or legal persons can apply for TM registration in the Republic of Peru. Under Peruvian legislation, only TMs having their own unique identity & capable of helping customers distinguish particular services/products from others can be registered.
Registration of non-traditional TMs in the Republic of Peru is also possible. The same applies to TMs in other languages
It’s prohibited to register a TM in the Republic of Peru if it resembles/replicates national flags, coats of arms or abbreviations of international organizations. Registering such TMs is only possible if relevant permission is obtained.
It’s impossible to obtain TM rights in the Republic of Peru without registering a Peruvian TM (the only exception is well-known TMs). However, it’s possible to protect unregistered TMs in other ways (e.g against unfair competition).
Famous Foreign Brands
Well-known foreign TMs are ensured protection even if they aren’t used in their home country. Proving it requires presenting:
- invoices confirming products being sold or services being provided;
- any ads, including online ones;
- TM registration certificates issued in other countries;
- stocks of finished products;
- market research;
- documentation corroborating expenses related to the promotion of TMs.
Benefits of Registering TMs in the Republic of Peru
Registering a TM in the Republic of Peru allows one to achieve a desired outcome in disputes over violation of 3rd parties’ rights; it also enables TM owners to file claims for violation of TM rights in the Republic of Peru with specialized courts.
Time & Cost of Registration
Normally, registering a TM takes from six to nine months. Reviewing an application takes no less than ten months. If a case is suspended at the request of an interested party, appealing the decision will take another nine months.
Obtaining a Peruvian TM registration costs approximately seven hundred US dollars, including official fees and service charges. Applying for a TM registration in the Republic of Peru requires having a PoA. It must be signed only by an applicant’s authorized representative & state their name & legal capacity. Registration takes effect immediately after a registration certificate is issued.
Peru isn’t a party to the Nice Agreement; however, it’s a member of the Andean Community. Hence, the Nice Classification applies to registration of TMs in Peru. Peru also acceded to the TM Treaty, whereby a multiclass system is established.
Using a TM is forbidden until TM registration in the Republic of Peru is granted. No proof of use is required to keep or renew a TM registration in the Republic of Peru.
Appealing a Rejected Application
Applicants have two weeks to contest a rejected application. Within this period, they can:
- apply for reversal of the decision;
- file an appeal with a court that rendered the decision.
The final decision (to be rendered by a 2nd instance court) can be appealed by initiating litigation within three months after a notification was sent to the losing party.
Registration of a Peruvian TM is valid for ten years, after which it can be extended for an identical term. To be eligible for extension, applicants must submit a request for extension six months before or after the expiration date.
A TM can be protected as an industrial design prior to registration or use. It’s also possible to obtain copyright protection for a TM in the Republic of Peru if it meets the requirements for originality.
Need to register a TM in Peru? Looking to obtain IP rights in the Republic of Peru? Please feel free to contact IQ Decision UK.