Prosecution Of A Trademark Application In Peru
FILING
FORMAL EXAMINATION
PUBLICATION
OPPOSITION PERIOD
SUBSTANTIVE EXAMINATION
GRANTING
CERTIFICATE OF REGISTRATION
FILING
The filing date of a Peruvian trademark is the one automatically assigned when filing the application.
If priority is claimed, the filing date will remain the same but the priority date will be the one claimed.
FORMAL EXAMINATION
Within 15 working days from the filing date
The Peruvian Trademark Office will determine within 15 working days if the application meets the requirements and if it does, the trademark will proceed to publication.
In practice the publication can be done in around 3 to 5 working days if all formal requirements are complete and correct.
PUBLICATION
When the Trademark Office deems the application meets the legal requirements, the application will be published in the Official Gazette (Gacera Eléctronica) for opposition purposes.
https://servicio.indecopi.gob.pe/gaceta/
OPPOSITION PERIOD
Publication + 30 working days
The opposition period starts as soon as the trademark is published and ends 30 working days after the publication.
Please note that any owner of a trademark in the Andean Pact (Bolivia, Colombia, Ecuador, and Peru) can file an Andean opposition against a Peruvian application. The only requirement is that the titleholder has to apply for a local trademark.
SUBSTANTIVE EXAMINATION
1 – 2 months after opposition period ends
During this phase, the Trademark Office will analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.
GRANTING
Within 3 to 5 months from the filing date
If no obstacles are found, the Trademark Office will proceed to grant the trademark.
The mark will be protected for a period of 10 years, counting from the granting date.
CERTIFICATE OF REGISTRATION
1 month counted from the day of the granting decision
An electronic certificate will be issued between 1 and 2 months after the granting of the trademark.
Useful Information
According to Andean Law, a trademark has a period of 3 years after its registration in which it cannot be cancelled. After that, any third party can apply for a cancelation action due to non-use.
Due to the existence of this action, under Andean Trademark Law, a sign must be used to preserve its rights. This use must be “real, continuous, and effective”.
It is relevant to also note that the use of the mark is not evaluated ex officio by the PVTMO, nor the owner has to file periodically any prove of use. The evaluation of the use of a trademark is only done in the eventuality that a cancelation action is filed.