TRADEMARKS

PERU

GDP: $202,6 BILLION
IMPORTS: $42.13 BILLION
POPULATION: 30,97 MILLION
TOTAL AREA: 1,285,216 Km2
CURRENCY: NUEO SOL (PEN)
OFFICIAL LANGUAGES: SPANISH, QUECHUA, AYMARA
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WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES
Contracting Party of the Madrid System: NO

Trademark Law in Force:

Decision 486 of the Andean Community. The Andean Pact Decision provides for one common trademark
law among the member countries (Bolivia, Colombia, Ecuador, Peru). It does not provide a common registration procedure, but it provides for certain reciprocal rights to be available upon request of the trademark owner. For example, an entity that first applied for registration of a trademark in any
Member Country, may lodge an opposition against a similar mark filed in the other Member Countries.

Classification:

Nice classification, 11th edition.

Multiclass Applications:

YES

Registrable Trademarks:

distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers,
devices, emblems, colors, combinations or shades of colors, three-dimensional forms, the three dimensional form of a good or its packaging, holograms, sound marks and any combination of the mentioned signs.

Formal filing requirements:

• Power of Attorney merely signed (no legalization and no notarization required) within 60 days from the official request.
• Certified copy of priority application and its translation to Spanish within 9 months from priority date.

Examination:

Absolute grounds for refusal: YES
Relative grounds for refusal: YES

Opposition period:

30 days from publication date.

Average time from filing to grant:

Approximately 6 months unless any obstacles were raised.

Term of protection:

10 years from the date of registration.

Use requirements:

YES. The cancellation can be requested if the trademark has not been used for a time period of 3 years in any member state of the Andean Pact, counting from the date of registration. (Partial cancellation possible)

Grace period for renewal:

6 months

Link to Trademark Office:

http://www.indecopi.gob.pe/

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