Introduction
Key amendments
Comment
Law 31497 was published on 21 June 2022. Its aim is to simplify:
- trademark registration procedures; and
- procedures for countering infringement of IP rights.
Further, the Patent and Trademark Office (PTO) will now have maximum deadlines within which to resolve certain requests.
Precautionary measures
Precautionary measures in trademark procedures must be granted or rejected within 15 working days from the date of filing of the application or the correction of omissions, if applicable.
Inspection procedures
An inspection visit request must be resolved (ie, a resolution ordering an inspection must be issued) within 10 working days from the date of filing of the request or the correction of omissions, if applicable.
Where an inspection procedure is requested by a party, the applicant must coordinate with the competent authority within 30 working days from the date of notification of the resolution ordering the inspection.
Deadlines
The PTO must grant or deny an application for the renewal of a trademark registration within 60 working days from the date of presentation of the application.
Applications for modifications to the registration of a trademark must be granted or denied within 90 business days. Requests for total or partial renunciation of the registration of a trademark must be resolved within the same term.
In light of the changes brought in by Law 31497, applicants should be more aware of their requests so that they can demand prompt pronouncements from the PTO, taking into account the new deadlines.
For further information on this topic please contact Oscar Mago at OMC Abogados & Consultores by telephone (+51 502 6467 or +51 635 0641) or email ([email protected]). The OMC Abogados & Consultores website can be accessed at omcabogados.com.pe.