Marks

A mark is a distinctive sign that a manufacturer of a product or a service provider places on its products and / or services to distinguish them from other products and services in the market.

The trademark owner invests a significant amount of capital in the development, management and strategic brand positioning. All this investment achieves that the mark become a valuable asset, being the image that the company projects to the potential consumer. The mark then is an important added value to products and services, which often makes the difference when consumers choose what to purchase.

The full protection of a trademark is obtained when it is registered. It is vital that anyone who owns a trademark register the same and ensures its use in the market.

It is our professional commitment to ensure, maintain and defend those trademark rights.

Our services related to the protection of trademarks include:

Search to determine the feasibility and availability for recording

We prepare a report supported by the assessment of likelihood of confusion between the proposed mark and any previously applied for or registered trademark by a third party in Peru. This is possible primarily due to our database and then to searches at INDECOPI, the Peruvian Trademark Office.

Ensure trademark registrations

We prepare and file trademark applications, reply oppositions filed by a third party and appeal unfavorable administrative decisions, seeking to obtain the requested registration.

Maintenance of validity of the registration mark

We provide warnings to our clients before the due date for timely renewal of their trademark registrations.

Watching

Equally important is our reliable watching and information system to our clients to inform them when a third party intends to register a mark identical or similar to one of their previously applied for or registered trademarks.

Mark Litigation

We have extensive experience on intellectual property trademark litigation at administrative and judicial levels.

Modification of Registration

In the case of a modification of a trademark right due to an assignment, merger, change of name, change of address, etc. in order that said modification has a real effect against third parties this modifications must by duly recorded.

Voluntary cancellation of registration

Our clients may resign at any time partially or all of the rights to their trademark registration. We can record the change.

Action for infringement of industrial property rights

We inform our clients of alleged acts of infringement and initiate infringement proceedings to industrial property rights of the trademarks of our clients.

Non-use cancellation actions

If after three years from the grant of a registration the trademark is not used it is vulnerable to being canceled. For this reason, if a trademark is not in use and is an obstacle to the registration of a mark of our client, we suggest him to start a non-use cancellation action. However, in the case that our client is attacked for that very reason with a non-use cancellation action we would defend his trademark registration to keep it registered, provided it is in use, for which we would request from our client relevant evidence to prove the real and effective use of its trademark.