How to Register a Trademark in Peru?

14 March, 2024

Although registration is not mandatory to start commercial activities in the market, it is the most effective means to protect your trademark against possible imitations. This registration entitles the holder as the owner of the trademark, i.e., the only one who can use it.

What Is a Trademark?

Any sign that identifies and differentiates products and services in the market. It can be represented through distinctive signs, such as words, symbols, letters, pictures, and wrappers, among others.

Protection Lifetime

Ten years from the issuance date of the resolution with which the registration was granted. It may be consecutively renewed indefinitely. On the other hand, the trademark is protected domestically, only in Peru.

Types of Registration

  1. Trademark of the product or services: It distinguishes and differentiates products or services in the market. It can be sound and olfactory trademarks.
  2. Trade name: It identifies the business activity performed.
  3. Logo: It complements a trademark, differentiating and selecting your product or service. Only denominative.
  4. Collective mark: It identifies the origin, special features, or any other common characteristic of the products or services belonging to the members of an organization or group.
  5. Certification mark: It indicates the compliance of goods and services with certain approved quality standards.

Classification of Goods and Services

All trademarks are registered by classification. Currently, according to the Niza classification (International Classification of Goods and Services), there are 45 categories: 34 for goods and 11 for services.

Trademark Registration

First, you must identify the category of the product to be traded or the service to be rendered. Then, you must verify if your proposal is similar or identical to any trademark already registered or applied for or if it incurs a prohibition of registration.

Once finished, you will have to verify if your trademark is viable through a phonetic search of the denominative elements, such as words, letters, or numbers. If your proposal is considered viable, you must file the application in person or virtually.

At VAG GLOBAL, we assist you in registering your trademark in INDECOPI through personalized advice and monitoring the publication in the Platform.