What are collective trademarks?
What are the advantages of registering a collective trademark?
How are collective trademarks regulated in Peru?
What is the process for registering collective trademarks in Peru?
What recent developments have been seen regarding collective trademarks in Peru?
What are collective trademarks?
"Collective trademarks" are signs that identify the origin or characteristics of products or services that correspond to the members of an organisation or group. Their use is reserved for the members of the organisation and they enable the organisation to distinguish its goods or services in the market from those that are similar and that belong to third parties.
What are the advantages of registering a collective trademark?
Collective trademarks enable the members of an organisation or group to promote their products or services in a better way in the market. Also, they can distribute any costs among all the members of the group.
How are collective trademarks regulated in Peru?
Collective trademarks are regulated by Legislative Decree 1075 and Andean Community Decision 486.
What is the process for registering collective trademarks in Peru?
The applicant must submit:
- an application, duly filled out;
- a sworn statement stating the power of representation of the organisation (a sworn statement of the representatives);
- a list of all persons authorised to use the trademark (the members of the organisation);
- a list of regulations for the use of the trademark, including the requirements for its use and the control and penalty mechanisms for non-compliance; and
- the statutes of the collective entity (organisation or group) requesting registration.
After all of the requirements have been submitted, the Patent and Trademark Office will issue a resolution granting or refusing the trademark.
What recent developments have been seen regarding collective trademarks in Peru?
Currently, groups or associations that want to register a collective trademark need not pay official fees.
For further information on this topic please contact Oscar Mago at OMC Abogados & Consultores by telephone (+511 502 6467) or email ([email protected]). The OMC Abogados & Consultores website can be accessed at omcabogados.com.pe.