We provide professional advice for the registration and renewal of trademarks, patents, industrial designs and models in Peru, Latin America and worldwide.
Likewise, we are experts in lawsuits (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 registration procedure for a trademark takes approximately two months from the date that the application for registration is entered to the trademark office of the country. If the application does not present oppositions by third parties, a certificate or title deed will be granted for a period of ten years, which must be renewed within the legal timeframe: six months before the expiration date or within the six months of the grace period. Then the trademark expires.
The owner of the trademark must use it. Otherwise, it may be subject to cancellation by third parties who wants to use that trademark or a similar trademark. Therefore, once the trademark is registered and the first two years of its registration have passed, it is important to contact a specialized lawyer in order to advise the trademark owner to use it in the best way or gather the necessary evidence to prove its use.
Our services cover the registration and renewal of trademarks, transfers and coexistence agreements. Likewise, we provide advice in order you can present and defend yourself against complaints for trademark infringement, nullities and cancellations, oppositions against trademark applications of third parties, which may be the same or similar, as well as the defense for such oppositions.
On the other hand, part of our service, mainly for small and medium-sized enterprises, includes “naming”, which consists in guiding the company to choose the name (and logo) of its trademark in order to prevent later problems with third-party trademarks, and they can also access the INDECOPI registry.
We provide trademark monitoring and custody services, and feasibility reports.
Patents, designs and industrial models
Patent protection in Peru has Constitutional status and its lower legal standards receive protection from the Civil Code, Criminal Code and specific laws, such as Legislative Decree 1075 and Decision 486 of the Cartagena Agreement, which is the Common Regime for all countries of the Andean Community of Nations – CAN (Ecuador, Bolivia, Colombia and PERU).
Our Patent Regime grants three types of protection to inventions:
|A) Invention Patent||20 years|
|B) Utility Model||10 years|
|C) Industrial Design||10 years|
Our patent law contemplates an assumption, under which the granted patent loses its validity, referred to the payment of annuities. This payment, which is mandatory, must be timely made each year, from the date of filing the application.
Our firm provides the annuity payment service. If you wish to confirm the annuity payment schedule of your patents or if you wish to have further information, you can contact us without any commitment.