The process of trademark registration in Peru includes the 05 following steps: Conducting a trademark search; Filing a trademark application; Follow up the trademark registration; Receive granting protection notification or response to refuse notice; Renew the Certificate of Registration.
Step 1: Conducting a trademarks search
The purpose of conducting a trademarks search is to foresee the possibility of being granted protection. There are two options of trademark search:
First option: Submit the trademark sample with the name of the good or business service to us for a Preliminary Search (e.g. the trademark Sanyo for washing machine).
Second option: Conduct a online search on the website of The National Institute for the Defense of Competition and Intellectual Property (INDECOPI) by following the link:
Step 2: File a trademark application
Trademark registration dossier includes:
- Application ( We provides drafting service);
- Information of applicant(s);
- Samples of trademark (representation of the trademark). If the trademark is a colored trademark, colored samples will be required;
- List of goods/services;
- Priority application (if any) and un-official Spanish translation;
- Power of Attorney (We provides representative service);
- Proof of payment of the filing fee.
Trademark registration dossier need to be sent to INDECOPI.
Step 3: Follow up the trademark registration
Typically, the trademark registration process includes the steps:
Formality examination => Publish for opposition => Substantive examination => Appeal.
This process usually takes between 06 to 09 months. But it may take an additional 03 months if the application does not meet the formal requirements.
If an opposition is filed, the registration will be suspended until the opposition is resolved. The competent authority will issue its first decision on the opposition after 10 months. If this decision is appealed, it may take an additional 09 months for the second decision to be made by the competent authority. The second decision is the final one.
Step 4: Receive granting protection notification or response to refusal notice
At the end of the substantive examination, INDECOPI will decide whether to grant or refuse to grant protection. In case of refusal, the applicant needs to analyze INDECOPI’s refuse notice in order to be able to file a appeal. Applicant has 15 labor days from the date of notification to file an appeal.
Step 5: Renew the Certificate of Registration
Certificate of Registration of trademark in Peru is valid for 10 years from its grant date. It can renew for successive 10 year periods. Renewal applications should be filed within 6 months before the expiration date of the Certificate. There is also a 06 months grace period following the expiration of the renewal term. This is last chance for the applicant to renew the Certificate. Under current regulations, proof of use is not required.
For example: If the trademark is granted protection on 01/01/2020, the Certificate will be expired on 01/01/2030.
The Certificate owner need to file a renewal application between June 2029 and June 2030.
If the Certificate is successfully renewed, the term of protection will extend until January 1, 2040.
However, in Peru and other Andean countries, Certificate of Registration can be cancelled on the ground that there was no bona fide use of the trademark for 03 years from the registration date.
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