The registration of a trademark in Peru can be denied for various reasons established in the current regulations, primarily governed by Decision 486 of the Andean Community and Legislative Decree No. 1075. These reasons ensure that registered trademarks do not infringe pre-existing rights and do not mislead or confuse consumers. Below, the main grounds for denying a trademark in Peru are described, accompanied by illustrative examples.

Grounds for Denial

1. Lack of Distinctiveness
   • Regulation: Article 135 of Decision 486.
   • Description: A trademark must be capable of distinguishing the goods or services of one business from those of others. Marks that are generic or descriptive of the goods or services they represent cannot be registered.
   • Example: An application to register the trademark “Bakery” for a bakery shop would be denied for being descriptive and lacking distinctiveness.
2. Generic Signs
   • Regulation: Article 135 of Decision 486.
   • Description: Signs that have become part of the public domain or have become generic terms for consumers cannot be registered as trademarks.
   • Example: Attempting to register the trademark “Aspirin” for analgesics, as the term has been widely adopted as a generic name for such medicines.
3. Deceptive or Misleading Signs
   • Regulation: Article 135 of Decision 486.
   • Description: Signs that could mislead the public regarding the nature, quality, geographical origin, or other characteristics of the goods or services will be denied.
   • Example: The trademark “EcoGreen” for a product that does not meet ecological standards would be denied for misleading consumers about the product’s characteristics.
4. Signs Contrary to Public Order and Morality
   • Regulation: Article 135 of Decision 486.
   • Description: Marks containing elements contrary to public order, morality, and good customs cannot be registered.
   • Example: A trademark containing offensive or vulgar images or words would be denied for this reason.
5. Identical or Similar Signs to Previously Registered Trademarks
   • Regulation: Article 136 of Decision 486.
   • Description: Signs identical or similar to previously registered trademarks that could cause confusion among consumers cannot be registered.
   • Example: Attempting to register “Coca Cola” with a slight orthographic variation, such as “Koca Kola,” for beverages would be denied due to similarity and risk of confusion with the original trademark.
6. Names of Natural or Legal Persons Without Consent
   • Regulation: Article 137 of Decision 486.
   • Description: The name of a natural or legal person cannot be registered as a trademark without their consent.
   • Example: Registering “Lionel Messi” as a trademark for sportswear without the player’s consent would be denied.
7. Denominations of Origin and Geographical Indications
   • Regulation: Article 135 of Decision 486.
   • Description: Signs containing protected denominations of origin or geographical indications cannot be registered as trademarks.
   • Example: Attempting to register “Champagne” for a sparkling wine produced outside the Champagne region in France would be denied.
8. Identical or Similar Signs to Emblems, Coats of Arms, and Flags
   • Regulation: Article 135 of Decision 486.
   • Description: Signs identical or similar to emblems, coats of arms, flags, insignias, and other official symbols of states or international organizations cannot be registered without authorization.
   • Example: An application to register a trademark including the national coat of arms of Peru would be denied for this reason.

Denial Procedure

1. Formal Examination: Upon filing a trademark application, INDECOPI conducts a formal examination to verify that the application meets basic administrative requirements.
2. Substantive Examination: INDECOPI evaluates whether the requested trademark infringes any of the legal grounds for denial. This examination includes a search for prior registrations to detect potential conflicts.
3. Observations and Oppositions: During the procedure, third parties may file oppositions arguing that the requested trademark infringes their rights. INDECOPI may also issue observations ex officio.
4. Resolution: If INDECOPI determines that the requested trademark falls under any of the grounds for denial, it issues a resolution denying the registration. This resolution can be appealed by the applicant.

Before registering your trademark, we recommend you to be previously advised so that your trademark will not be denied. Contact us.