HSM

Peru Trade Mark Guide

Registration
A trade mark can be registered in Peru, which is a member of the Andean Community of Countries which includes Bolivia, Colombia and Ecuador, pursuant to the Andean Pact Decision No. 486 (Cartagena Agreement) and Legislative Decree No. 1075 which provide for national trade mark applications.

The following information and documentation is required:
1. name of the trade mark
2. one copy of the mark (unless mark is word only)
3. class(es) and specification of goods and/or services
4. applicant’s name and address
5. Power of Attorney
6. certified copy of priority document (if priority is claimed)
7. Spanish translation of all of the above documents

It usually takes about six months for the Director of Distinctive Signs at the National Institute for the Defense of Competition and Intellectual Property Protection (INDECOPI) to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete INDECOPI will issue a Certificate of Registration.

Classes
The International Classification system is used. Multi-class applications are allowed.

Searches
In order to conduct a search the only documentation required is the name of the trade mark and one copy of the mark (unless mark is word only). The result can usually be provided within two weeks.

Renewal
A trade mark registration is valid for 10 years after which it can be renewed for like periods. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the registration is to be renewed the only documentation required is a Power of Attorney.

The application for renewal should be filed prior to the expiration date of the registration. A grace period of six months, however, is allowed from the publication date of Non-Renewal of the mark for the filing of the application for renewal upon payment of a late fee.

It usually takes about three months for INDECOPI to process an application for renewal. Once the renewal is complete INDECOPI will issue a Notice of Renewal.

If you do not wish to renew the mark please inform us so that we can advise INDECOPI accordingly.

Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise INDECOPI accordingly. This will avoid us sending out unnecessary Reminder Notices.

Restoration
It is possible to make an application to INDECOPI to restore an abandoned trade mark upon payment of a restoration fee.

Assignment
Please inform us as soon as possible if the trade mark has been assigned so that we can file an application to record the assignment in Peru.

To record the assignment of a trade mark registration the only documentation required is the Deed of Assignment (notarised and legalised / apostilled) and a Power of Attorney.

It usually takes about one month for INDECOPI to process an application to record an assignment. Once the recording is complete INDECOPI will issue a document declaring the validity of the assignment.

Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Peru.

To record a change of name and/or address for a trade mark registration the only documentation required is the document evidencing the change (notarised and legalised / apostilled) and a Power of Attorney.

It usually takes about three months for INDECOPI to process an application to record a Change of Particulars. Once the recording is complete INDECOPI will issue a Notice of Recording showing the change.

Contact

E-mail: ip@hsmoffice.com

Tel: +1 (345) 949-4766

 

Mail:

PO Box 31726, Grand Cayman KY1-1207

Cayman Islands

 

Courier:

HSM, 68 Fort Street, George Town

Grand Cayman, Cayman Islands

MEMBERSHIPS

The firm is a member of INTA, CITMA, AIPLA and IPCA