The Importance of Trademark Registration at INDECOPI: Protecting Business Identity in the Peruvian Market  

May 2, 2024

OMC Abogados & Consultores - In the competitive business world, where identity and recognition of the product or service are fundamental, the protection of intellectual property becomes an essential pillar. In Peru, the National Institute for the Defence of Competition and Protection of Intellectual Property (INDECOPI) emerges as the key entity to manage the registration of trademarks, providing companies with the opportunity to protect their distinctive signs and stand out in the market. Throughout this guide, we will provide you with a detailed step-by-step guide to carry out this procedure, either virtually or in person, thus ensuring legal security and differentiation in a competitive business environment.

Registering a trademark is not the same as registering a company name

It is important to understand that registering a trademark is not the same as registering a company name. Both processes are related to the identification and legality of a company, but have different purposes and characteristics. While trademark registration protects the distinctive identity in the marketplace, registration of a company name establishes the legal entity of the company.

As an example, let us imagine that the company "Frutilla SAC", registered, in the case of Peru at the National Superintendence of Public Registries (SUNARP), and in charge of transporting fruits, vegetables and people, is known in the commercial sphere as "FRUTI". The latter is the trade name used to identify itself to consumers, which is different from the company name and must be protected as a distinctive sign.

Now, within the services offered by the company, we can find three different services used for different types of transport such as "Frutiexpress", "Verdiexpress" and "Gentexpress". Each of these names identifies a service and can be registered, if they meet the requirements of INDECOPI as trademarks.

As can be seen, the trademark, trade name and company name contribute to security and legality in the business environment. Therefore, it is always recommended to register all of them in order to safeguard your rights.

Why register a trademark?

Registering a trademark with INDECOPI confers a series of benefits to the owners, offering legal protection and exclusivity in the use of such trademark. Some of the reasons for this process include:

Legal Protection: Trademark registration grants exclusive rights over the use of the trademark, providing strong legal protection against unfair competition.

Commercial Value: A registered trademark can significantly increase the commercial value of a business. Strong and recognised brands are often considered valuable assets in business. It also creates an emotional connection with consumers and builds long-term loyalty.

Conflict Prevention: Registration helps to avoid legal conflicts and disputes by clearly establishing the ownership of the trademark and its associated rights. This can avoid lengthy and costly litigation, as well as protecting the investment made in building the brand.

Market Differentiation: A trademark allows companies to differentiate themselves in the marketplace by building a unique and easily recognisable identity.

Business Asset: The trademark becomes a valuable asset for the company, with the ability to generate additional revenue through licensing, franchising or partnership agreements.

Use of the trademark: Since the registration does not establish restrictions on the use of a trademark, it opens up the possibility of taking full advantage of it. That is, it can be used for the web, events, advertising campaigns, social networks, etc.

Trademark Registration Process at INDECOPI:

It should be borne in mind that, regardless of whether the applicant is a natural person or represents a legal entity and intends to protect its product or service, it has the option of initiating the registration process at INDECOPI both virtually and in person.

Likewise, before registering a trademark, the type of product or service must be defined.

The process to register a trademark with INDECOPI generally follows the following steps:

Search for Availability: Before starting the registration process, it is recommended to conduct a search to ensure that the proposed trademark is not already registered by a third party.

Payment of the corresponding fee: A payment of S/ 534.99 must be made, this amount corresponds to the payment of a trademark in one class, at the Banco de la Nación or through the virtual platform Pagalo.pe.

Filing of the Application: Once availability is confirmed, a trademark registration application must be filed before INDECOPI. This application will include details about the trademark, its owner and the classification of the associated goods or services. In case of representing someone, a simple power of attorney (not legalised) must be attached.

Examination of the Application: INDECOPI will conduct a thorough examination of the application to verify that it complies with all legal and formal requirements.

Publication and Opposition: After examination, the application will be published in the Industrial Property Bulletin for 30 working days to allow third parties to file oppositions in case they consider that the trademark may generate confusion.

Grant of Registration: If there are no valid oppositions, and the application complies with all the requirements, registration of the trademark is granted. From this moment on, the owner has exclusive rights over its use. In case of rejection, you can file an appeal within 15 working days.

Virtual or In-Person Processing: Additional Information: Depending on the applicant’s preference, the process can be carried out either virtually or in person. For the virtual process, it is necessary to create a username and password through the link provided by INDECOPI (https://servicio.indecopi.gob.pe/sel). For the on-site process, it is necessary to fill in the corresponding form (https://www.gob.pe/institucion/indecopi/informes-publicaciones/1079196-solicitud-de-registro-de-marca-de-producto-servicio-y-o-multiclase) and go to the nearest INDECOPI office with all the physical documents.

In summary, registering a trademark with INDECOPI not only means complying with a legal formality, but also represents a smart business strategy to strengthen and grow your business. By obtaining legal protection, increasing commercial value, preventing conflicts and differentiating yourself in the market, you are securing not only your company’s identity, but also its solid and distinctive position in a competitive business environment. Investing in trademark registration not only safeguards your rights, but also translates into a valuable asset that will contribute to the sustainable development and success of your business in the dynamic Peruvian business landscape.

About OMC Abogados & Consultores
OMC Abogados & Consultores is a Peruvian law firm dedicated to providing legal advice and consultancy in Peru and throughout Latin America.
Throughout its history, the firm has developed a complete portfolio of legal assistance services, being Intellectual Property its main speciality, an area in which it is recommended by Chambers & Partners.
The firm has recently renewed its corporate image with the launch of a new web page where you can find clients’ opinions, articles and press releases.

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