1. Peru, a country in the western part of South America, is rich in mineral resources, is one of the world's 12 largest mineral countries, and ranks seventh in the world in terms of total mineral resources. With a forest area of 78 million hectares, the forest coverage rate is 58%, second only to Brazil in South America. Fishery resources are abundant, and fishmeal production ranks among the highest in the world.
2. The current trademark legislation in Peru is mainly based on Resolution No. 486 of the Commission of the Andean Community, which entered into force on December 1, 2000, and Decree No. 1075 of February 1, 2009.
3. The "Peruvian Institute of Industrial Property" is responsible for the management of trademark affairs, and the official language is Spanish.
4. The trademark registration in Peru adopts the principle of "first to file".
5. The version of the Peruvian commodity classification table is the 11th edition of the Nice Classification, and trademark registration allows one mark and multiple classes.
Peru is a party to international IP treaties such as the Paris Convention and the WIPO Convention; It has not yet acceded to the Madrid Agreement or the Madrid Protocol, so trademark registration can only be handled through "single-country registration".
3. Validity period and renewal of Peruvian trademarks.
The trademark is valid for 10 years from the date of registration, and each renewal after expiration is valid for 10 years. The renewal application must be filed within 6 months before the expiration of the trademark, and the renewal grace period is 6 months (no late fees are required).
In Peru, the documents required to be submitted by a company to register a trademark include the following:
1. The name and address of the applicant in both Chinese and English.
2. Trademark drawing.
3. Trademark name, class of goods or services.
4. A signed power of attorney for trademarks (no notarization and authentication required) must be submitted within 60 days from the filing date.
5. If you need to declare priority, you must submit a copy of the priority document translated into Spanish within 9 months from the priority date.
The trademark registration in Peru adopts the principle of "pre-announcement" trial, and if there is no objection or the objection is not established at the announcement stage, the official will conduct a substantive examination.
Application: The applicant submits the trademark application, and the examiner will check whether there are any errors in the application documents, and if there are errors, a notice of correction will be issued, and the applicant can make corrections in accordance with the notice.
Announcement: Next is the announcement period, the official will publish the trademark in the journal for public opposition, and the announcement period is 1 month. During the publication period, if an objection is raised, the applicant will be given an additional 30 days to respond.
Examination: If there are no objections during the publication period, the trademark will enter the substantive examination stage, and the examiner will check whether the trademark is distinctive, whether it conflicts with the prior trademark, etc. If the examination is unsuccessful, the examiner will issue a notice of refusal, and the applicant may file a review with INDECOPI or appeal to the competent appellate authority within the prescribed time.
Registration: If the examination is successful, the Peruvian trademark will be approved for registration.
In general, if the registration process goes smoothly, the registration process will take about 5-6 months from the filing date.