Are you about to open a business and do not know where to start? The first step you should take is to find out How to know if a Trademark is Registered in INDECOPI. This is of great importance, since through the Brand that you register your business, articles and services will be recognized.
Here we leave you information on the steps to follow to know if a Trademark is registered in INDECOPI, how to register a Trademark, search and registration of an International Trademark, what is a Trademark, what is INDECOPI and other information of interest.
How to know if a Trademark is Registered in Indecopi?
Although we will explain it in detail later, the first thing you should know is that it is a Brand. It is all that symbol that is used to distinguish within the market the items or services that are offered.
Said symbol can be a graphic element, a word or a mixture of them, including a letter. Likewise, a sign, an emblem, digits, also silhouettes, or the containers where the products are displayed.
Now, to check if a Trademark is registered in INDECOPI, there is a way to do it for free in the Background Search Service, which the body has for any user, through its online platform.
These searches are known as registration records, they are alternatives and their results are indicative to know if there are symbols of their own that are already registered in front of INCEDOPI, since they could be the same as the Trademark that we want to register.
Likewise, it shows us if they are only requested or the search was previously carried out. This procedure, shows us six (6) alternatives to be verified digitally, which are figurative and phonetic. These are:
- Phonetics: It gives the opportunity to check if the Brand to be found is identical or similar to gaps. Brand already registered.
- The owner: You have to write the information of the legal or natural person, which is the owner of the Trademark.
- Name or denomination: It allows you to check if the name of the brand that we are proposing has exact matches with any Registered or previously requested Brand.
- The Respondent: The information of the legal or natural person, which has been denounced for trademark infringement, is complemented.
- The complainant: Here the information is filled in, to know if an individual started a complaint for trademark infringement.
- Sanctioned: The information is completed, to check if the person has been penalized for an infringement of Trademarks.
How to know if a Trademark is Registered in Indecopi: Steps
To start with the search, you must have some information about the Brand that you want to find, obviously, the name or company name. In addition, you have the possibility to choose between a legal or natural person.
As well as a short detail about the service or product, for example: Restaurant or cafe to distinguish the type, or you can also have data about brands that are not updated. The steps you must follow to obtain this information are as follows:
- Access INDECOPI official website.
- Find the option «Online Services».
- Unfold the space that says «Intellectual property».
- Choose the alternative of «Search your Brand».
While there, you have the possibility to choose one of the six (6) alternatives that are provided, providing the information that each one asks for. Said result will be reflected with the image of the Brand, number of the certification, date of validity and name of the holder.
You should know that, you can select each option to obtain the specifications. This if it is the case that there is a similar brand.
How to know if a Trademark is Registered in Indecopi: Register a Trademark
In Peruvian territory, precisely in the Directorate of Distinctive Signs of INDECOPI, the registration of trade names and Trademarks is carried out. It should be noted that the registration of the Trademark in INDECOPI, is valid for ten (10) years, and only valid in Peru.
The registration of a Trademark can be done in person, at the INDECOPI office or via the internet through its web platform. For this, it is required to have the Single Taxpayer Registry (RUC), user, password and thus be able to access the services.
It is important to know about the different kinds of brands that exist. This makes it possible to find our proposition and organize it in one of the types that make up the NIZA list. The aspects must be clear, since they are part of the information to be filled out in the forms to request the registration of the Brand.
What are the steps to follow to find out if a Trademark is registered?
Assuming that you already have the password to enter the platform, we will tell you what are the steps to follow. In the event that you are not registered, click on this link which will take you to INDECOPI Registry web portal.
Also, you must have a file in PDF format, with your National Identity Document (DNI) or the card issued by foreigners. In the same way, you can consign the RUC and the passport which are admitted.
If you are going to carry out the management online, it is mandatory that the legal person consigns the RUC. On the other hand, if you have the logo for the Brand, It must be in digital GIF format, in a lagoon of the dimensions that we mentioned: between 800 × 600, 600 × 800, 800 × 400, 400 × 800 pixels.
So, the steps you must follow, we detail them below:
- Enter the official website of INDECOPI.
- Locate the alternative of «Online services».
- Open the «Intellectual Property» area.
- Choose the option that says «Virtual Trademark Registration».
- Select the toggle of «Go to the application».
- Write the username and password, click on «Enter».
- While there, look for the option that says «Request Entry».
- Fill in the information of the applicant, also of the Brand, choose the priority or true reason and attach documentation.
- Make the respective payment, according to the rates of the day.
- Choose the alternative of «Submit your Request».
After completing the request, the Directorate of Distinctive Signs of INDECOPI will carry out the verification procedures, and will communicate the result to you by email. If you want to check the status of the management, you can go to Free Consultations and with the file number, get your progress.
Search and Registration of an International Trademark
In the case of registering a Peruvian trademark internationally, you have to register in each country, wherever you want to protect your Trademark. In such a way that, you have to follow the guidelines and obey the terms and requirements, including cancellation of local fees.
What is a Brand?
A mark is an essential commercial distinction, or a group of different distinctive with which it is linked, and provides a service or product within the market.
In general, it is common to confuse the definition of Logo as a synonym for Brand. However, what differentiates it is that the Brand must be created from what is seen with the naked eye, which distinguishes a company or an institution.
Now, a Logo can be the Brand or the fundamental distinction of it, grouped with other symbols such as the unique name, a sales phrase, secondary design, images, communication tonality, among others.
It should be noted that not all Logos can qualify to be called a Brand. On the other hand, a Brand must not depend on a Logo on its commercial platform, no matter how small it may be.
Some consumer goods companies know that there is often little true distinction between a variety of Brands. In such a way that, a Brand is one of the few ways that exist to differentiate against consumers.
The group of marketing instruments and methodologies, which over time create the Brand and support the distinction from the competition, which is known as Branding or Brand management.
This is to build a permanent criterion in the mindset of consumers. Which allows to guarantee a market niche, and direct costs that serve to ensure an amount of operational profit.
How to know if a Trademark is Registered with Indecopi What is Indecopi?
The National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI), is the body in charge of promote and guarantee rights of all consumers in Peruvian territory.
It is an institution of a public nature, and depends on the Presidency of the Council of Ministers. It began its functions in 1992, according to Decree Law No. 25868.
Its main objective is, stimulate proper market management, to privilege the elements involved, especially businessmen, citizens and consumers. This through the protection of consumers, with the forecast and inspection of market practice.
Likewise, it is capable of stimulating principles and values in the Peruvian economy, such as: Liberated from competing, culture and loyalty. Preserving all forms of intellectual property, where recognized symbols and copyrights are incorporated.
Thanks to its excellent work, and with the purpose of reaching the entire population of Peru, it has spread throughout the Peruvian territory, through 26 regional offices and assistance windows, where expert officials are available to give you advice on how to carry out the procedures.
How to know if a Trademark is Registered in INDECOPI? It is a fundamental question when registering a Trademark. The next step is to execute the steps to follow that we leave you in this article, so that you can carry out this procedure, in order to identify your products and services.
Carrying out this procedure is essential, since it allows you to prevent that the mark you created may be similar or identical to another already registered, which will delay your diligence. Go ahead and move forward with this process.
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