Requirements to register a trademark: Everything they haven’t told you

8 minutos de lectura

The idea of ​​creating a company, a business of your own, is always attractive to people with the best ideas and skills that accompany them. And its brand is the cover letter for your goods and services.

So that you can protect your representative creations, we will show you the requirements to register a trademark in Perú.

What is a Brand

A mark It is one of the most important strategic constants for any company or personal business. It is the image that differentiates one organization from another. A brand can be a name, term, sign, design, symbol or a combination of several of these elements.

Today, a mark it is one of the most common ways to identify and market a product. It evokes the intangible and emotional sensations of the product in consumers, so it is very useful to highlight your company or business within your market.

A mark It also allows you to build a personal identity and an emotional relationship with users, who will be able to recognize your services more easily.

There are several types of brands, among which the following stand out:

  • Denominative: are those that have been formed by a word or a combination of words.
  • Figurative: are those that are made up only of a figure or image of a concrete or abstract object.
  • Mixed: this last category is made up of the union of a word (or words) and the figures or images described.

On a formal level, a mark It is composed of the following elements:

  1. Name or phonotype: refers to verbal identity, see the sound once you pronounce the name of a mark aloud.
  2. Chromatism: This is made up of the use and distribution of colors as part of the identity of the company.
  3. Logo: is the graphical representation that can be perceived from the name of a mark.
  4. Isotype: represents the sign or icon used to identify the brand. It is not mandatory, although highly recommended.
  5. Slogan: is a short phrase or word that can be particularly related to a mark.

At the same time, a mark for a company it fulfills several functions:

  • It allows to identify the product, good or service.
  • Differentiates the company and the product from its competition in the market,
  • It serves as a sign of guarantee and quality.
  • Summarize the characteristics, quality and nature of the product.
  • It helps to sell the product as it makes the product or the company easier to recognize and remember.

All of the above is achieved when a mark meets these qualities:

  1. Be brief.
  2. Be easy to read and pronounce.
  3. Be pleasant to listen to the consumer.
  4. Be easy to memorize.
  5. To be able to quickly associate with the service or product.
  6. And finally, of course, be registered. Thus, the entrepreneur or creator will be able to guarantee their legal protection and the benefits that this entails.

Why is a brand important to the success of your company?

A brand is important for the success of your company because it is the reflection of your business. It is what allows you to distinguish your goods and services and the competition, making them recognizable to users.

Not only that, it creates a kind of reputation or status. This means that if the consumer begins to purchase products from the same brand and it maintains quality, it will be easier for them to continue purchasing them.

Therefore, it is very important that you carefully design your own brand and seek to protect it. Learn to use it correctly and you can sell what you want.

What is INDECOPI

The National Institute for the Defense of Competition and the Protection of Intellectual Property, or INDECOPI In short, it is the agency of the State of Perú in charge of protecting and defending the intellectual property of citizens.

Among other things, you must apply the legal rules that help protect:

  • The intellectual property rights of users, such as their distinctive signs, patents, copyrights and others.
  • Competition within the market. In this way, restrictive monopolies that close the opportunities of the productive market and the trade of goods and services in the country can be avoided. Perú.
  • Any other function that is assigned by the State.

Why is it important to register your brand in INDECOPI?

Registering your brand in INDECOPI is important because It guarantees the protection of it from possible copies or imitations. In this way, the user who registers becomes the legal owner of the trademark and therefore the only one who can use it during the established period.

It also grants the right to use it or grant it to a third party by means of a transfer, whether voluntary or for a payment. In general rules, register your brand in INDECOPI It allows you to consolidate your brand as an asset that you can use to your advantage within the market, being the only one who can use it in this way.

Requirements for the application for the registration of trademarks of products and / or services

The requirements to register a trademark in Perú, whether of a product or service, are those described below:

  • Three copies of the application form, which you can find here. Two of them are for the registering entity and the last one for the managed entity.
  • The following data to identify the registrant (s):
    • For natural persons, the ID number, immigration card, passport, identity document in general.
    • The Unique Taxpayer Registration number, both for natural and legal persons.
    • The identifying information of a third party that serves as a representative, in addition to a power of attorney.
  • The address to which the notifications of the process will be sent and the brand itself within Perú.
  • The sign to be registered.
    • If it is a figurative, mixed or three-dimensional mark, you must attach three copies of a reproduction. It should measure approximately 5 x 5 centimeters, in color if you want to protect them as well.
    • A true copy of the logo must be sent to the evaluation email (logos-dsd@indecopi.gob.pe). It must be in format .JPG or .TIFF at 300 dip and with the edges between 1 and 3 pixels.
  • Demonstrate which are the products or services that you want to link to the requested trademark, adding the classes to which they belong. You can find a lot of information about it by going to this link.
  • If it is a multiclass application, the products or services have to be divided among them, including their corresponding class number. They should also be listed in the order that corresponds according to the Nice International Classification.
  • The signature of the applicant or the third party representing him, if this is the case.
  • A proof of payment for the right of the procedure.

Steps to follow

The steps to follow to complete the requirements to register a trademark are:

  1. Download the form.
  2. Fill out the application and collect the requirements to register a trademark that we already mentioned.
  3. Deliver them to one of the authorized tables.
  4. In case the requirements are not completed, you have a deadline of 60 business days to deliver them. If you do not do it within this period, the request is filed and you must repeat it from the beginning.
  5. If your application meets the requirements, the results will be published in the Electronic Gazette of Industrial Property.
  6. When any opposition occurs, you have a period of 30 business days to be able to give your well-founded opinion, seeking that a resolution is issued by the Distinctive Signs Commission.
  7. Next, they will look for you to pass the substantive exam to be able to approve the registrability of your Mark.
  8. To conclude, INDECOPI is in charge of issuing the corresponding resolution with the result of your request.
  9. It’s ready! You will be given a certificate of registration of your brand and you will have the following 15 working days to present any request for reconsideration or appeal in this regard. That’s how easy you met the requirements to register a trademark in Perú!

How is the procedure

The procedure is quite simple and fast. It is very likely that you will be ready in more or less 45 business days if everything goes fine. The process of designing your brand could be a bit more complicated. Therefore, you must propose yourself with all your knowledge and inspiration to invent something creative, functional and that stands out.

In addition to this, you must try to make the payment of the processing fee. Its cost is the equivalent of 13.90% of the established Tax Unit. This corresponds to 534.99 Nuevos Soles for the moment, what may change in the future, so stay tuned.

Payment must be made at the office of the National bank which is located in the south headquarters of INDECOPI, in the Calle De La Prosa No. 104, in San Borja.

Validity of the registration of a trademark

The validity of the registration of a trademark is 10 years from the date the resolution accompanying its registration is issued. After these 10 years, users will be able to go through the renewal.

The renewal process, in turn, must be carried out during the previous six months at the expiration of the registration or in the six months later. If you do not do it during this period, the request for renewal will not be accepted and therefore, you will lose the rights of the trademark.

The brand of your company is the image that should appear in the minds of your buyers when they need some good and service. Therefore, you must make sure you have the best and most effective, and also protect it.

This you will achieve as long as you comply with the requirements to register a trademark in Perú.

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