The brand is an important seal that allows you to protect your company and the products and services you offer. In this article you will know the requirements to register a trademark in Peru.
The trademark registration It is very important, here you will know the requirements, steps and a lot of information that you should consider. Do not miss any of our content, you will also find out about the expiration of the registration and what you should do. Stay to read this content and register your brand successfully.
What are the Requirements to Register a Trademark in Peru?
When creating your own company, some type of entrepreneurship is necessary to put a brand, which represents a letter of presentation of the goods and services.
A trademark protects the creations that you have undertaken, so in this section we will tell you the requirements to register a trademark so that you can carry out your process successfully.
- Submit the required application form, you must issue three copies of it, two for the registering institution and the last one for the administrator. You can get the form by clicking here.
- In the event that the applicant is a natural person, he or she must present the National Identity Document (DNI), the immigration card, passport, or other similar.
- The Unique Taxpayer Registry number, for natural and legal persons.
- Accredit the domicile address, to which the notifications of the trademark registration process will be sent.
- Sign to be registered. In this sense, it must be a figurative, mixed or also three-dimensional brand.
- Attach three reproduction copies of the 5 x 5 cm mark.
- A true copy of the logo, which must be sent to the following email address: firstname.lastname@example.org. It must be sent in the format JPG or .TIFF at 300 dip and with the edges between 1 and 3 pixels.
- The applicant must demonstrate which products and / or services are going to be linked to the brand. For more information on how to do it, click here.
- Signature of the owner or of the person who has been authorized to carry out the trademark registration process.
- Proof of payment to accredit the payment corresponding to the registration.
Steps to Register a Trademark in Peru
Now, since you know the necessary requirements to register a trademark in Peru. In this section we will show you what are the steps you must follow to register.
Follow each of these indications and be successful in your process:
The first step is to download and complete the application form. It must be filled out with the requested data, it must also indicate what type of sign you are going to register, prove the address of the address where the notifications will be sent and the classes in which you are going to register. You can find out which class you apply to, by clicking here.
The next step is to make the payment corresponding to the procedure. Cancellation is S / 534.99 per class. You can do it before the Banco de la Nación or Banco de Crédito, with the code 201000562.
After completing the steps above, you must submit the application at INDECOPI. You can go to one of the offices, and for this we recommend that you look for the one closest to your home.
Once there, you must supply the requirements and the personnel in charge of the process will assign you a file number, which serves as proof of having made the request.
This process may take approximately a maximum of 180 business days from submitting your request.
Now, you must be aware of the publication of your brand in the INDECOPI Electronic Gazette. In the event of any opposition, the applicant will be notified.
As the fifth and final step, after the publication period has ended, if no opposition is filed, the registration will be sent to go through an evaluation and then you must wait for the response.
There are two results, one positive and one negative, below and we explain what each of them is about:
- Positive: In this case, your brand will be duly registered for a period of 10 years.
- Negative: In this case, you can choose to request a reconsideration appeal, up to a maximum of 10 days after the communication.
This process is quite quick and easy, it takes approximately 45 business days, the important thing is that you meet the requirements in time.
If you comply with all these indications your process will be easy and simple.
Costs of Registering a Trademark in Peru
An important aspect to know is the cost of the procedure. That is why in this section we will talk about it. If you are going to register a trademark in a class, the approximate cost established is S / 534.99.
If you are going to register for more than one class, you must pay for each additional class S / 533.30. Said payment can be made before or after the process, by credit or debit card, or physically at the Banco de la Nación.
Remember that for this process, you must meet the requirements to register a trademark, and follow a series of steps that will make your procedure easy and simple.
Validity of the Trademark Registration
The validity of the registration of a trademark is 10 years from the date of granting the resolution until after 10 years. After this period of time the registration must have been renewed.
The renewal process must be carried out before reaching the age of ten, at least six months before the expiration date.
An important fact to consider is that if it is not carried out during this period of time, the request for renewal will not be accepted and the rights of the trademark will be lost. That is why we recommend being aware of the date and doing the necessary procedures.
There are several classes in which a trademark can be registered. You can do it in one or more of them. Internationally there are 34 classes of products and 11 classes of services. You can register the following types of trademark:
- Brand Product and / or Service
- Certification mark.
- Collective brand.
- Business slogan.
These are all the classes in which you can register the trademark.
When deciding to register a trademark, it is important to note that you cannot register a trademark that is similar to other trademarks already registered previously.
What is it?
A Mark In the legal sense, it consists or is a sign that is valid to distinguish a product or service in the market. Said trademark at the time of being registered is renamed «Registered Trademark».
The brand can be represented by a word, combination of words, image or design, among other similar options.
Its main function is to give it identity, differences and individualize the product and services in the market.
The types of brand that exist are as follows:
- Denominative: They are those brands that are made up of arbitrary or fantasy type names; or by the company name, names, figures, letters, among others.
- Graphics: These brands are configured by graphic symbols, such as logos, or drawings.
- Mixed: These are those that combine word and graphic elements.
- Three-dimensional: Refers to wrappers, containers, etc.
- Sonoras: In this case only the sounds that can be represented graphically apply.
The Trade mark It is an act that gives the owner the right to authorize or prohibit the use of it to third parties.
Its registration allows to individualize what is offered in the market, and also helps to identify the company that offers the products and services. It helps protect the rights of the products and services it offers, that is why this process is essential.
Remember to meet the requirements to register a trademark in Peru and follow the steps indicated to be successful in your process.
Visit GESTIONALO.NET Peru
Artículos relacionados que te pueden interesar