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What information do we need to apply for a trademark registration?
1.- The denomination or label that you wish to register;
2.- The applicant’s data: name, address and nationality;
3.- The specific list of goods and/or services that you wish to cover with the mark, indicating the class of the International Classification of Nice that it belongs to. In the case of a multi-class application, the goods and/or services must be grouped by class, preceded by the corresponding class number and in the order disposed by the Nice Classification
4.- If you wish to claim priority of a foreign application, indicate the number of said application, the country and the filing date.
What documents do we need to apply for a trademark registration?
– Power of Attorney duly signed by the applicant in our favor, as applicable:
If the applicant is a natural person the Power of Attorney shall consist in a private instrument signed by the applicant.
If the applicant is a corporate entity the power must be signed by the authorized legal representative, consigning the status or title of the signor.
The Power of Attorney does not need to be notarized nor legalized.
– Certified Copy of the trademark application previously filed in a foreign country, only if the applicant wishes to claim priority according to the Paris Convention, which must be duly translated into Spanish.
What is the usual waiting term for obtaining the registration of a trademark in Peru?
There is no determinate waiting term. If neither oppositions by third parties are filed against the trademark application nor observations by the Peruvian Trademark Office Examiner are made the waiting term to obtain a trademark registration usually lasts between 4 to 6 months.
What documents are necessary to file a patent application or an industrial design application?
The documents we need are:
– Technical Document in Spanish:
For a patent application for an invention or utility model the technical document consists of the specification, claims, abstract and drawings (the latter only if necessary).
For an application for registration of an industrial design a graphic or photographic representation of the design and description of the views is sufficient.
– Power of Attorney signed by the applicant in our favor, as applicable:
If the applicant is a natural person the Power of Attorney shall consist in a private instrument signed by the applicant.
If the applicant is a corporate entity the power must be signed by the authorized legal representative, consigning the status or title of the signor.
The Power of Attorney does not need to be notarized nor legalized.
– Certified copy of the previously filed patent application in a foreign country only if the applicant wishes to claim priority under the Paris Convention.
– If the applicant is other than the inventor the assignment document evidencing the Transfer of Rights of the invention by the inventor to the applicant must be filed in Spanish. The document must be duly notarized and legalized up to the Peruvian consul (in some countries the apostille legalization is applicable).
Is it necessary to have all the documents to submit the application to the Peruvian Trademark Office (INDECOPI)?
It is not required to submit all the documents when filing the application. It is only necessary to file the technical document in Spanish. The Power of Attorney, the assignment document and the certified copy of the priority application may be filed later within the legal term.
Can the translation of the technical document be submitted later to the filing of the application?
No, it is not possible. The technical document translated into Spanish must be filed when filing the application. However, for your information, in case of not having the documents in Spanish we offer our translation service, to submit your application on time.