¿Cómo registrar una marca en Perú? (Steps to register a trademark in Peru)

When starting a business, venture, or launching a product or service in the market, it is crucial to register your trademark, as it grants you the exclusive right to use and protect it. This allows you to prevent third parties from using a similar mark that could confuse your customers.

Who is responsible for this process?

In Peru, the agency in charge of trademark registration is the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI). INDECOPI is the state entity responsible for administering and regulating intellectual property in the country, including the registration and protection of trademarks. It is the competent authority to receive registration applications, examine them, grant registrations, and manage the trademark system in Peru. Additionally, INDECOPI also handles disputes related to intellectual property, including trademark disputes.

Follow these steps:

We provide you with the step-by-step process for trademark registration:

Step 1: Preparation
Before starting the registration process, ensure you have all the necessary information. This includes:

Name and address of the trademark holder.
Legal representative, if applicable.
Image or logo of the trademark in digital format.
Detailed description of the products or services associated with the trademark.
Nice Classification of the products or services. You can consult the Nice Classification on INDECOPI’s website.

Step 2: Access the INDECOPI portal and find the trademark registration section.
Ensure you have a user account. If not, you will need to create one.

Step 3: Initiate the procedure
Within the portal, select the “Virtual Trademark Registration” option and choose the registration mode that applies to your case. It can be “Word Mark” if you only want to register a name, or “Figurative Mark” if you wish to register a logo.

Step 4: Complete the form
Fill out the online form with the requested information. Enter the trademark holder’s details, the description of the products or services, and select the corresponding Nice Classification. Upload the image or logo of the trademark in the specified format.

Step 5: Payment of fees
Once the form is completed, you must make the payment of the fees corresponding to the trademark registration. INDECOPI will provide instructions for making the payment online.

Step 6: Review and submission
After the payment is made, INDECOPI will review the registration application and the attached documents. If everything is in order, the formal submission of the application will proceed.

Step 7: Publication and opposition
The trademark will be published in the Electronic Gazette of Industrial Property (GEPI), where third parties will have a period of 30 business days to file oppositions to the trademark registration. In case of oppositions, a special procedure will follow.

Step 8: Resolution
If no oppositions are filed or if they are dismissed, INDECOPI will issue the trademark registration resolution. This will be sent by email and will be available in the portal.

And that’s it! By following these steps, you can register your trademark with INDECOPI online. Note that the process may slightly vary depending on INDECOPI’s specific regulations and requirements at the time of your registration.

It is important to seek prior advice to carry out the registration to avoid errors, as if the form is not properly filled out, you cannot recover the fee paid.

Therefore, if you are going to carry out this process or have encountered any difficulties, contact us.