Trademark protection is one of the most important areas within intellectual property law. In Peru, a lawyer specializing in trademarks handles a variety of cases related to the protection and defense of these rights, framed within the current regulations such as Decision 486 of the Andean Community and Legislative Decree 1075. Below are the types of cases that a trademark lawyer handles in Peru, as well as the contentious and non-contentious processes involved.

Types of Cases Handled by a Trademark Lawyer

Trademark Registration

• Application and processing: Advising on the filing of trademark registration applications before the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI).
• Background searches: Conducting searches to verify the availability of the trademark and avoid conflicts with previously registered trademarks.

Opposition to Trademark Registrations

• Filing oppositions: Representing clients in filing oppositions against trademark registration applications that may infringe previously established rights.
• Defense in oppositions: Defending registration applications against oppositions filed by third parties.

Nullity of Trademark Registrations

• Nullity actions: Initiating actions to declare the nullity of trademark registrations obtained fraudulently or in violation of current regulations.
• Defense in nullity actions: Representing clients whose trademark registrations are subject to nullity actions.

Cancellation of Trademarks for Non-Use

• Cancellation requests: Filing requests to cancel trademarks that have not been used in accordance with the law.
• Defense against cancellation requests: Defending registered trademarks against cancellation requests for non-use.

Trademark Infringement

• Infringement actions: Representing in legal actions against third parties using a registered trademark without authorization, including precautionary measures to stop unauthorized use.
• Defense in infringement cases: Defending clients accused of trademark rights infringement.

Contentious and Non-Contentious Processes

Contentious Processes These processes involve formal disputes that are resolved through administrative or judicial procedures.

1. Opposition to Trademark Registration
   • A process by which a formal opposition is filed against a trademark registration application, alleging the existence of prior rights.
2. Nullity Actions
   • Administrative procedure to invalidate a trademark registration based on specific reasons established in the regulations.
3. Infringement Actions
   • Procedures initiated to stop unauthorized use of a registered trademark and obtain compensation for damages.

Non-Contentious Processes These processes are usually administrative and do not involve a formal dispute between parties.

1. Trademark Registration Application
   • Administrative process before INDECOPI to obtain trademark registration.
2. Renewal of Trademark Registration
   • Administrative procedure to renew a trademark registration upon expiration of its term.
3. Change of Name or Address of the Trademark Owner
   • Procedure to update the details of the owner of a registered trademark in official records.
4. Licenses and Transfers of Trademark
   • Advising and processing licensing contracts and assignment of rights over a registered trademark.

Conclusion

At Trademark, our law firm, we have the experience and knowledge necessary to handle all these aspects of trademark law in Peru. Whether you need to register a new trademark, defend your rights against infringements, or face contentious proceedings, we are here to offer you high-quality legal representation, backed by over 15 years of experience in the field.

If you would like more information or need specific advice, do not hesitate to contact us. We are committed to protecting your trademark and the success of your business.