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Peru Trademark Registration Costs and Procedures (2017)

Peru Trademark Registration Costs and Registration Procedures

The legal basis of Peru trademark is the Legislative Decree No. 1075. Peru is a member of the Paris Convention. Peru adopts first-to-file basis for trademark protection. A trademark registration is valid for 10 years from the date of registration and could be renewed for 10 years before the expiry date.

Peru Trademark Registration Fees

Services		Fees (USD)
Step 1: Pre-filing Search
	First class (word mark)	90
	Each additional class (word mark)	60
	First class (device mark)	120
	Each additional class (device mark)	30
(1) Pre-filing search is not compulsory in Peru. (2) Pre-filing search is limited to the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI)’s database only. (3) Pre-filing search report is delivered in 15 working days by email.
Step 2: Trademark Registration Request
	First class (word mark)	1,200
	Each additional class (word mark)	1,080
	First class (device mark)	1,250
	Each additional class (device mark)	1,080
(1) Fees cover both our service fees and official filing fees. (2) Fees for trademark registration request listed above cover no more than 14 items of products or services in each class. The extra fee for including more items depends on the size of the publication.
Step 3: Final Registration/Certificate
	Each application	200

Note:
(1)	The fixed fees quoted above apply only to trademark applications which are unopposed and proceed without complication.
(2)	All fees quoted above do not include delivery fees.

Calculation of Registration Costs

Example 1: One mark one class
If you want to have your trademark "ABC" registered in Class 25 (clothing, footwear, headgear), that is, one mark one class, the total fees for trademark pre-filing search, registration request and certificate are:

Pre-filing search: USD90
Request for registration: USD1,200
Final registration/Certificate: USD200
TOTAL: USD1,490

Example 2: One mark two classes
If you want to have your trademark "ABC" registered in Class 25 (clothing, footwear, headgear) and Class 26 (lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers), that is, one mark two classes, the total fees for trademark pre-filing search, registration request and certificate are:

Pre-filing search: 90 + 60 = USD150
Request for registration: 1,200 + 1,080 = USD2,280
Final registration/Certificate: USD200
TOTAL: USD2,630

Example 3: Two marks one class
If you want to have your trademarks "ABC" and "DEF" registered in Class 25 (clothing, footwear, headgear), that is, two marks one class, the total fees for trademark pre-filing searches, registration requests and certificates are:

Pre-filing searches: 90 + 90 = USD180
Request for registrations: 1,200 + 1,200 = USD2,400
Final registrations/Certificates: 200 + 200 = USD400
TOTAL: USD2,980

The costs illustrated in the examples above are based on the assumption of a smooth application for word mark(s), that is, no objection being raised by the INDECOPI or any other third party.

Also, the costs stated above exclude courier charges for sending the Power of Attorney and delivery of Certificate of Registration upon acceptance of registration.

It is further assumed that the number of items of products included in each class is no more than 14.

Materials Required for Filing of Trademark Application in Peru

(1)	A Power of Attorney (to be provided by Kaizen) signed by the applicant, notarized before a Notary Public and legalized up to the Peruvian Consulate in applicant?country. If the applicant’s country is a member of the Hague Apostille Convention, an Apostille is sufficient.
(2)	A duly completed trademark search/registration order form (to be provided by Kaizen).
(3)	A soft copy of the trademark in JPEG format.
(4)	A copy of identity proof of the applicant (passport for individuals and Business Registration Certificate/Certificate of Incorporation for companies). This document should be legalized before a Peruvian Consulate or with Apostille.
(5)	A priority document and its Spanish translation when priority is claimed (extra charge will be charged for filing priority claim documents).

Peru Trademark Application Procedures

(1)	Kaizen acknowledges the information including the specimens of mark, its goods/services and registration details, then provides the latest quotation, preliminary advice and classifies your goods/services;
(2)	After the quotation has been confirmed, client will be required to complete our Trademark Search/ Registration Order Form and send it back to Kaizen by email, fax or post;
(3)	Once receipt of the payment for pre-filing search, Kaizen will conduct the pre-filing search (if requested). The search report will be sent to client within 15 working days (based on the duration of the official search);
(4)	Client could refer to our analysis and suggestion in the search report and decide whether to file the application. Kaizen will file trademark application to the INDECOPI upon receipt of your payment and instruction;
(5)	The INDECOPI will conduct a search of the trademarks records to see if the same or similar trademark has already been registered or been applied for by another trader in the same or similar class. They will also see if the trademark satisfies the registration requirements laid down in the Legislative Decree No. 1075. If the requirements for registration are not met, the Examiner will object to the mark;
(6)	Once your trademark has been accepted for registration, it will be published on the Official Gazette, Diario El Peruano, which is a separate entity from the INDECOP;
(7)	If no objection by a third party, a registration certificate will be issued by the INDECOPI. We will review and send the certificate to you.

5.	Time scale
	Currently it takes around 5 - 6 months to get a trademark registered in Peru in a smooth case.

Payment Term and Payment Method

Our fees for each stage of an application are to be invoiced and settled before the commencement of each stage of service. If a China or Taiwan Value-Added Tax invoice is required, 7% or 5% additional charge will be incurred.

We currently accept cheque, cash, TT and credit card through Paypal (5% additional charge will incur for paypal). Please click here for payment methods.

Refund Policy

No refund of fees will be made after the commencement of services. For example, if we have conducted a pre-filing search and found an identical mark is already in the register, the application will not be proceeded, the fees for pre-filing search will not be refunded. If we have already filed an application and the application is objected by the INDECOPI or any other party or refused, there will not be any refunded of fees.

In case you have paid our fees for all three stages of an application and the search result indicates that an identical mark is already in the register, the application will not be proceeded. The fees for services not performed, i.e., filing for application and issuing of certificate of registration will be refunded, after deducting bank wiring charge.

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