Volume 5, Number 8, Page 3

Rules for Patent & Trademark Protection in Peru

by Barreda Moller Abogados

The following is a brief description of the basic requirements to register patents and trademarks in Peru.

PATENTS

1. POWER OF ATTORNEY

The power of attorney must be notarized and legalized by the Peruvian Consulate. One power of attorney form is sufficient for any number of patent applications. The power of attorney can be filed within three months after the filing date. Forms can be provided upon request.

2. PRIORITY DOCUMENT

Peru is a member of the Paris Convention. Priority can be claimed based on a patent application filed within the last twelve months. A certified copy of the priority application must be filed. Legalization is not required. It must be filed within three months after the deposit of the Peruvian application. If the priority document is not filed within three months, the priority will be lost but the application can continue as a non-priority application.

3. DEED OF ASSIGNMENT

When the applicant is a person different from the inventor, a deed of assignment from the inventors is necessary, and legalization under the Peruvian Consulate is required. The deed of assignment may be filed within three months after the filing date of the Peruvian application.

4. SPANISH TRANSLATION

When the priority application has been filed in a language different from Spanish, a Spanish translation of the description and claims must be filed. The Spanish translation must be filed and enclosed with the application.

The Patent Office will not accept the deposit of the patent application and no serial number and deposit date will be given if it does not include the Spanish translation.

5. DRAWINGS

When it is the case, simple drawings are enough. Formal drawings are not necessary.

6. PATENT TREATIES TO WHICH PERU IS A MEMBER

Paris Convention. Yes.

Patent Cooperation Treaty. No. Peru at this moment is not a member of the Patent Cooperation Treaty. It will probably be a member in the near future.

TRADEMARKS

1. POWER OF ATTORNEY

The Power of Attorney must be notarized and legalized by the Peruvian Consulate. One Power of Attorney form is sufficient for any number of applications and/or oppositions. The Power of Attorney can be filed within three months after the filing date. Forms can be provided upon request.

2. PRIORITY DOCUMENT

Peru is a member of the Paris Convention. Priority can be claimed based on a trademark application filed within the last six months. A certified copy of the priority application must be filed. Legalization is not required. It must be filed within three months after the deposit of the Peruvian application. If the priority document is not filed within three months, the priority will be lost but the application can continue as a normal application.

3. PRINTS

If the trademark consists of a design, especially when it is in colors, ten samples of the design are needed.

4. LIST OF CLASSES

Individual applications must be filed for each class. The application can cover a specific list of goods and/or the class heading. It can even cover a specific list of goods and the class heading and the phrase "and all other goods (or services) of the class," in order to obtain the broadest protection.

5. USE REQUIREMENT

Evidence of use or declaration of intent of use is not required to obtain registration. Evidence of use or any declaration of use is not required for renewal purposes.

Evidence of use is only required when the trademark registration is subject to a cancellation action based on non-use. As a defense against a cancellation action based on non-use, it is necessary to file invoices showing use of the trademark within the last thirty-six months. We suggest filing one copy per month, at the least.

Evidence of use in any country member of the Andean Community, that is, in Bolivia, Colombia, Ecuador, Peru or Venezuela, is accepted.

6. TRADEMARK TREATIES TO WHICH PERU IS A MEMBER

Paris Convention. Yes.

Trademark Law Treaty. No. Peru is not a member of this treaty, and there are no signals that it will be a member in the near future.

Madrid Agreement. No. Peru is not a member of this treaty, and there are no signals that it will be a member in the near future.

Madrid Protocol. No. Peru is not a member of this treaty, and there are no signals that it will be a member in the near future.

InterAmerican Convention of Washington, of February 1929. Yes.

Barreda Moller is a full service Intellectual Property Law Firm representing local and foreign clients and providing services in the Patent, Trademark, Copyright, Unfair Competition and related litigation fields, as well as in all other Intellectual Property matters.