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Distinctive signs in Peru
In Peru, trademarks, commercial names, slogans, appellations of origin, labels, and certification marks are recognized as distinctive signs. The registration of these Distinctive Signs is made by the National Institute for the Defense of Competition and Consumer Protection (INDECOPI)
WHO CAN APPLY FOR REGISTRATION OF A DISTINCTIVE SIGN?
Any person or company can request the registration of a distinctive sign in Peru. In order to request the registration of a distinctive sign in Peru, it is not necessary that the applicant be fully established in Peru. It is only necessary, in the case of legal entities, that they have a duly appointed legal representative to act on their behalf.
WHEN DOES THE PROTECTION OF DISTINCTIVE SIGNS START?
In Peru, as a general rule, distinctive signs are protected as soon as they are registered, however, in the case of trade names, for example, protection is retroactive to the date of first use.
IN ORDER TO REGISTER A DISTINCTIVE SIGN, DOES IT NEED TO HAVE BEEN PREVIOUSLY USED IN THE MARKET?
In the case of commercial brands and slogans, there is no obligation to use them in the market before they can be registered, because their protection is in force as of the date of their registration. However, in the case of the registration of a commercial name, it is necessary to prove the date of its first use and a continuous use of it, since once the registration is granted, its protection is rolled back to the date of its first use.
HOW LONG DOES THE REGISTRATION OF A DISTINCTIVE SIGN LAST?
The registration of distinctive signs is granted for a period of 10 years, which, at the request of the owner, can be renewed indefinitely for an additional period of 10 years.
WHAT ARE THE BENEFITS OF REGISTERING A DISTINCTIVE SIGN?
– It grants exclusivity to its owner in the territory in which it was registered.
– Distinguishes the owner’s products and/or services with respect to its competitors.
– Gives reputation and guarantee of quality (goodwill).
– Grants the right to oppose requests from third parties that may affect the registration of the owner.
– Grants the owner the right to file actions against third parties that use the distinctive sign that belongs to them.
CAN REGISTERED SIGNS BE CANCELLED?
As noted above, the registration of a distinctive sign is granted for a period of 10 years; nevertheless, said registry may be subject to an action for cancellation due to lack of use.
This cancellation occurs when the distinctive sign has not been used without justification in the market by its owner, licensee or any other person authorized to do so during the three consecutive years preceding the date on which the cancellation action was initiated. That is why it is very important not only to register the brand but also to use it correctly and effectively in the market for registered products and services.