Trademark Registration Peru

Trademark registration in Peru is carried out by the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI).

Legal framework and principles

• The legal basis is Andean Community Decision 486 and Legislative Decree No. 1075.
• Peru operates under the "first-to-file" principle, meaning the first person to file the application has priority for registration.
• Unregistered trademarks—except for well-known marks—do not receive legal protection, even if they have been in use for a long time.

Types of registrable trademarks

You can register names, logos, slogans, images, symbols, graphics, figures, letters or numbers (individually or combined), and three-dimensional shapes (e.g., containers, packaging, product presentations).

Key requirements

• Trademark name, a copy of the mark (if not word-only), classes and specification of goods/services, and applicant’s name and address.
• Foreign applicants must appoint a local agent and submit a Power of Attorney (POA).
• All documents must be translated into Spanish.

Step-by-step trademark registration process in Peru:

1. Preliminary Search (Recommended): Conducting a thorough search is advised to assess potential conflicts with existing marks.
2. Application Filing: A trademark attorney files the application with the Distinctive Signs Directorate at INDECOPI.
3. Publication: The application is published in INDECOPI’s Electronic Gazette within 30 business days of filing.
4. Opposition Period: Any affected third party may file an opposition within 30 business days after publication.
5. Substantive Examination: INDECOPI evaluates whether the mark meets legal requirements and does not infringe third-party rights.
6. Granting: If there are no objections—or they are resolved in favor of the applicant—the trademark is approved, and a registration certificate is issued.

Timing and validity

• Processing Time: Typically, the process takes around 6 months if no objections arise. From filing to registration or an office action, it generally takes 6 to 12 months.
• Validity: Trademark registration is valid for 10 years from the registration date.
• Renewal: It is renewable for consecutive 10-year periods. A 6-month grace period after expiration is allowed, subject to a late renewal fee.

Nice classification

Peru uses the International Nice Classification system. Multi-class applications are allowed, but official fees must be paid for each class.

Madrid Protocol Membership

Peru is not a member of the Madrid Protocol. However, it is a member of the Andean Community and participates in international agreements such as WIPO and TRIPS.

Use requirement

• Proof of use is not required for filing or registration.
• However, non-use of a registered mark for more than three (3) years may lead to cancellation actions by third parties.
• Use of the trademark in other Andean Community countries (Bolivia, Colombia, Ecuador) may be sufficient to defend the mark in Peru.

We also offer trademark registration in the Argentina, United States, Spain, and more than 150 other countries.

Ready to protect your brand? Contact us to get started today.

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