Who may register a trademark in Peru?
What documents are required to register a trademark in Peru?
With which requirements must a trademark comply to be eligible for registration in Peru?
What happens after a party files a trademark application in Peru?
How long does the trademark application process take in Peru?
For how long are trademark registrations effective in Peru?
Are unregistered trademarks protected in Peru?


Who may register a trademark in Peru?

Any natural or legal person may register a trademark in Peru.

What documents are required to register a trademark in Peru?

If the trademark application procedure is conducted by an agent, a power of attorney is required with a simple signature and no formalities.

With which requirements must a trademark comply to be eligible for registration in Peru?

Signs with the following characteristics cannot be registered as trademarks:

  • signs that do not constitute a trademark in accordance with Article 134 of Andean Court Decision 486;
  • signs that lack distinctiveness;
  • signs that consist exclusively of:
    • the usual forms of products or their packaging or of forms or characteristics imposed by the nature or function of the product or service to which they apply;
    • shapes or other elements that give a functional or technical advantage to the product or service to which they apply;
    • signs or indications that can be used in commerce to describe the quality, quantity, destination, value, geographic origin, time of production or other data, characteristics or information about the products or services for which the sign or indication is used, including laudatory expressions which refer to such products or services;
    • signs or indications that represent the generic or technical name of the product or service in question;
  • signs that consist exclusively of or have become a common or usual designation of the product or service in question;
  • signs that consist of a colour in isolation without being delimited by a specific shape;
  • signs that may mislead the commercial media or the public, particularly about the provenance, geographical location, nature, mode of manufacture, characteristics, qualities or aptitude for use of the products or services in question;
  • signs that reproduce, imitate or contain a protected designation of origin for the products or for different products when their use could cause a risk of confusion or association with the denomination or imply an unfair use of their notoriety;
  • signs that contain a protected designation of origin for wines and spirits;
  • signs that consist of a national or foreign geographical indication that is likely to lead to confusion regarding the products or services to which it applies;
  • signs that reproduce or imitate, without the permission of the competent authorities:
    • coats of arms, flags, emblems, official signs and stamps used for the purpose of government control and guarantee; and
    • coats of arms, flags and other emblems, acronyms or denominations of any international organisation;
  • signs that reproduce or imitate signs in accordance with technical standards, unless their registration is requested by the National Institute of Quality;
  • signs that reproduce, imitate or include the denomination of a protected plant variety in Peru or abroad if the sign is intended for products or services related to that variety or its use is likely to cause confusion or association with the variety; or
  • signs that are contrary to the law, morality, public order or good custom.

What happens after a party files a trademark application in Peru?

After this stage, if the trademark meets all of the above requirements, it is published within approximately 15 days. There is then a 30-day period during which third parties may file oppositions to the trademark. If no oppositions are filed, the Peruvian Trademark Office will issue a resolution to grant or refuse the application.

How long does the trademark application process take in Peru?

The trademark application process takes between five and six months.

For how long are trademark registrations effective in Peru?

Trademark registrations are effective for 10 years.

Are unregistered trademarks protected in Peru?

Unregistered trademarks are not protected.

For further information on this topic please contact Oscar Mago at OMC Abogados & Consultores by telephone (+51 1 628 1238) or email ([email protected]). The OMC Abogados & Consultores website can be accessed at omcabogados.com.pe.