You will find here all the important information about filing trademarks, designs and patents.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Hague Agreement on Industrial Designs: NO.
Decision 486 of the Andean Commission Community. Legislative Decree 1075.
Not applicable in Industrial Design applications.
NO.
- Identification of applicant and designer.
- Name of the design.
- Graphic representation or photo.
- Type of products the design will be applied to.
- Assignment document, notarised and legalised by means of the Apostille or the Peruvian Consulate.
- Certified copy of priority application when applicable.
- Power of Attorney.
YES.
NO.
- Filing.
- Formal examination (no substantive examination, unless requested by a third party).
- Publication.
- Opposition.
- Decision.
YES. Before granting and within 30 days from publication. Nullity proceedings are also possible once the design is granted.
8-12 months.
10 years. No maintenance fees are required to be paid.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Madrid System: NO.
- 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.
Nice classification, 13th edition.
YES.
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.
- 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 priority date.
- Absolute grounds for refusal: YES.
- Relative grounds for refusal: YES.
30 days from publication date.
Approximately 3-4 months unless any obstacles were raised.
10 years from the date of registration.
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.
6 months prior to renewal date.
6 months.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Patent Cooperation Treaty (PCT): YES. Due term for entry into national phase: 30 months.
Decision 486 – Andean Community (Cartagena Agreement Dec 1, 2000)
Legislative Decree No. 1075 of June 27, 2008 (Supplementary Provisions of Decision 486)
- Patent of Invention.
- Utility Model.
NO.
- Power of Attorney merely signed (no legalization required) within 60 days from office action.
- Assignment document from the inventors duly notarized and legalized within 60 days from office action. Not required under certain circumstances.
- Certified copy of priority application within 16 months from priority (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available).
NOT available.
YES, within 6 months from publication.
NO.
YES, within 60 working days from publication.
YES, within 60 working days from publication.
4 years.
20 years from filing date.
10 years from filing date.
UM suitable for utensils, instruments, tools, apparatus, devices, or any parts thereof but not to chemical products, methods or uses; lower threshold for inventive step.
Yearly also during prosecution of the application.
NOT mandatory.
YES.