TRADEMARKS

PERU

GDP: $222,238 BILLION
IMPORTS: $53,337 BILLION
POPULATION: 31,989,256
TOTAL AREA: 1,285,216 KM2
CURRENCY: NUEO SOL (S/.) (PEN)
OFFICIAL LANGUAGES: SPANISH, QUECHUA, AYMARA

WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES.

Contracting Party of the Madrid System: NO.

Patent Prosecution Highway:

Trade Mark Law in force:

Decision 486 of the Andean Community. The Andean Pact Decision provides for one common trade mark 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 trade mark owner. For example, an entity that first applied for registration of a trade mark in any Member Country, may lodge an opposition against a similar mark filed in the other Member Countries.

Legislative Decree 1075 provides national complementary regulations to Decision 486.

Classification:

Nice classification, 11th edition.

Multiclass Applications:

YES.

Registrable trade marks:

All distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers,

devices, emblems, colours, combinations or shades of colours, 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 legalisation and no notarisation required) within 60 days from the official request.

• Certified copy of the priority application and its translation to Spanish within 9 months from the 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 3-4 months unless any obstacles were raised.

Term of protection:

10 years from the date of registration.

Use requirements:

YES. Cancellation can be requested if the trade mark has not been used for 3 years in any member state of the Andean Pact, counting from the registration date. Partial cancellation is possible.

Renewal terms:

6 months prior to renewal date.

Grace period: 6 months.

Link to Trade Mark Office:

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

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