WIPO-administered Treaties:

Contracting Party of the Madrid System: NO.

Trade Mark Law in force: 

Decision 486 of the Andean Community. The Andean Pact Decision provides for one common trademark law among the member countries (Bolivia, Colombia, Ecuador, Peru). It does not provide a common registration procedure, but it provides for certain reciprocal rights to be available upon request of the trademark owner. For example, an entity that first applied for registration of a trademark in any Member Country, may lodge an opposition against a similar mark filed in the other Member Countries.

Legislative Decree 1075 provides national complementary regulations to Decision 486. 

Classification: 

Nice classification, 11th edition. 

Multiclass Applications: 

YES. 

Registrable trade marks: 

All distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, colors, combinations or shades of colors, three-dimensional forms, the three-dimensional form of a good or its packaging, holograms, sound marks and any combination of the mentioned signs. 

Formal filing requirements: 

  • Power of Attorney merely signed (no legalisation and no notarisation required) within 60 days from the official request.
  • Certified copy of the priority application and its translation to Spanish within 9 months from the filing application.  

Examination: 

Absolute grounds for refusal: YES.

Relative grounds for refusal: YES. 

Opposition period: 

30 days from publication date. 

Average time from filing to grant: 

Approximately 3-4 months unless any obstacles were raised. 

Term of protection: 

10 years from the date of registration. 

Use requirements: 

YES. Cancellation can be requested if the trademark has not been used for 3 years in any member state of the Andean Pact, counting from the registration date. Partial cancellation is possible. 

Renewal terms: 

6 months prior to renewal date.

Grace period: 6 months. 

Link to Trade Mark Office: 

http://www.indecopi.gob.pe/