We provide professional advice for the registration and renewal of trademarks, patents, designs and industrial models in Peru, Latin America and the rest of the world.
Likewise, we are experts in litigation (complaints, oppositions, annulments, cancellations and others). We manage and develop strategies for the maintenance and incorporation of trademarks, patents and any other constituent element of industrial property in the assets of our clients.”
The trademark registration procedure lasts approximately two months, counted from the date the registration application is submitted to the country's trademark office. If there are no oppositions to the request by third parties, a certificate or property title will be granted for a period of ten years, and said registration must be renewed within the legal term: six months before the expiration date, or within the six months of the grace period, then the trademark expires.
The owner of a trademark has the obligation to use it, otherwise it may be subject to cancellation by third parties who have an interest in using said trademark or a trademark similar to it. For this reason, it is important that once the trademark is registered and after the first two years of its registration, a specialized lawyer is contacted so that he/she can advise the owner of the trademark on the best way to use it or to collect the necessary evidence to prove its use.
Our services range from the registration and renewal of trademarks, transfers and coexistence agreements. Likewise, we provide advice to file and defend against claims for trademark infringement, nullity and cancellation of trademarks, oppositions against applications for third-party trademarks that may be the same or similar, as well as the defense against said oppositions.
On the other hand, part of our service, mainly for small and medium-sized entrepreneurs, includes "naming", which consists of accompanying the company in choosing the name (and logo) of its brand in order to avoid later problems with third-party brands. and also, that they can access the registry in INDECOPI.
We provide custody and surveillance services for trademarks and feasibility reports.
The protection of a Patent in Peru has a Constitutional rank and in its Legal Regulations of lower hierarchy they are protected by both the Civil Code, the Penal Code and specific Laws such as Legislative Decree 1075 and Decision 486 of the Cartagena Agreement, which is the common regime for all the countries of the Andean Community of Nations CAN (Ecuador, Bolivia, Colombia and PERU).
Our Patent Regime grants three types of protection to inventions:
Protection as: Validity
A) Invention Patent 20 years
B) Utility Model 10 years
C) Industrial Design 10 years
The Patent Cooperation Treaty (PCT) offers assistance to applicants seeking international patent protection for their inventions and assists offices in decisions on the granting of patents, as well as making extensive technical information regarding inventions available to the public.
Since 2009, Peru has been an integral part of the Patent Cooperation Treaty (PCT).
Our patent legislation contemplates a case under which the granted patent loses its validity, it is referred to the payment of annuities. This payment, which is mandatory, must be made promptly each year, counted from the date of filing the application.
Our firm provides the annuity payment service. In case you wish to confirm the payment schedule of your patent annuities or if you wish to have more information about it, you can contact us without any commitment.
