F.A.Q › Marks

  • Marks
    What information do we need to apply for a trademark registration?

    1.- The denomination or label that you wish to register;

    2.- The applicant’s data name, address and nationality;

    3.- The specific  list of goods and/or services that you wish to cover with the mark, indicating the class of the International Classification of Nice that it belongs to. In the case of a multi-class application, the goods and/or services must be grouped by class, preceded by the corresponding class number and in the order disposed by the Nice Classification

    4.- If you wish to claim priority of a foreign application, indicate the number of said application, the country and the filing date.

  • Marks
    What documents do we need to apply for a trademark registration?

    - Power of Attorney duly signed by the applicant in our favor, as applicable:

    If the applicant is a natural person the Power of Attorney shall consist in a private instrument signed by the applicant.

    If the applicant is a corporate entity the power must be signed by the authorized  legal representative, consigning the status or title of the signor.

    The Power of Attorney does not need to be notarized nor legalized.

    - Certified Copy of the trademark application previously filed in a foreign country, only if the applicant wishes to claim priority according to the Paris Convention, which must be duly translated into Spanish.

  • Marks
    What is the usual waiting period for the registration of a trademark in Peru?

    There is not a determinate period of time. If no oppositions are filed by third parties against the application, nor the Examiner of the Peruvian Trademark Office makes any observations, the waiting period to obtain a trademark usually lasts between 4 to 6 months.

  • Marks
    What is the term that a trademark registration is in force in Peru?

    10 years from the grant of the registration.

  • Marks
    Does the Peruvian Trademark Office (INDECOPI) accept multi-class trademarks?

    In Peru it is possible to file multi-class applications. Which makes it possible to obtain a single registration of the mark for the different applied for classes.

  • Marks
    Is it possible to extend the list of goods and / or services covered by a trademark application or granted registration?

    It is not possible to extend the list. It is only allowed to restrict but not to extend the list of goods and/or services.

    If you want to cover more goods and / or services you must file a new application for registration. It is important to mention that the new list should not contain goods and / or services similar to those previously requested because the application would be classified as inappropriate due to duplicity.

  • Marks
    For what reasons the registration of a trademark may be refused?

    Due to similarity with a registered or previously applied for trademark.

    Because of lack of distinctiveness.

    And others, so it is advisable to do a feasibility examination and availability search before filing a trademark application.

By cymestudio