Trademark registration guide: Peru

Peruvian market is one of the most attractive markets in the Latin American region, currently coming fifth in the top largest Latin American economies. At the same time, counterfeit and pirated goods are a major problem nationwide, which is why border measures are established to protect and enforce trademarks.

Peru's Customs Authority is responsible for warning and verifying whether exported and imported goods infringe any intellectual property rights, and can request the national trademark office to verify the registration and validity of marks subject to presumed infringement. Without a registered trademark, you have no standing to invoke these protections. 

The government body responsible for trademark registration in Peru is the National Institute for the Defense of Competition and Protection of Intellectual Property (Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual, INDECOPI), specifically through its Directorate of Distinctive Signs.

Peru operates under a "First-to-Use" system: trademark rights are primarily established through the first use of the mark in commerce, meaning unregistered marks can carry legal weight. However, registration through INDECOPI provides significantly stronger and more enforceable rights. For registered trademarks, priority is determined by the filing date.

According to our experience, the processing time from filing to registration in Peru is approximately 2 to 3 months in the case of a smooth registration procedure with no objections or opposition.

Cost of registration: €55 per class

Any individual or legal entity may apply to register a trademark in Peru. Applications can be submitted directly by the applicant online via INDECOPI's platform (servicio.indecopi.gob.pe) or in person at any INDECOPI office. Foreign applicants must appoint a locally qualified representative and submit a Power of Attorney. All documents must be in Spanish or accompanied by a certified Spanish translation.

For a trademark to be eligible for registration, it must be capable of distinguishing the goods or services of one business from those of others. A trademark in Peru may consist of names, logos, slogans, letters, numbers, figures, images, three-dimensional shapes (such as containers or packaging), or a combination of these elements.

Before filing, it is strongly recommended to search INDECOPI's trademark database for phonetic and visual conflicts with existing marks. INDECOPI offers an official preliminary search service.

Applications can be filed online through INDECOPI's digital services platform or in person at an INDECOPI office. The application must include the name and address of the applicant, a representation of the trademark (if not word-only), the trademark type, the class(es) under the Nice Classification, and the list of goods or services.

After filing, INDECOPI will:

Formal (preliminary) examination

INDECOPI reviews the application for formal errors or missing information. If any issues are found, the applicant has 30 days to correct or supplement the documentation.

Publication

Once the application is approved after formal review, INDECOPI publishes it in its Official Electronic Gazette within 30 business days of filing.

Opposition period

Third parties have 30 business days from the date of publication to file an opposition against the application.

Substantive (formal) examination

If no opposition is filed - or after opposition proceedings are concluded - INDECOPI carries out a substantive examination to assess whether the mark meets all legal requirements and does not infringe on third-party rights.

Registration

If the application passes all stages, INDECOPI issues a resolution approving the trademark and a registration certificate is issued.

After publication in INDECOPI's Electronic Gazette, third parties have 30 business days to file an opposition. If an opposition is filed, the applicant is notified and given an opportunity to respond. INDECOPI then issues a decision, which can be appealed.

Time: Opposition proceedings can take several months to over a year, depending on the complexity of the case. 

Cost: The fee for filing an opposition is 62€. Additional costs may arise if legal representation is needed.

A Peruvian trademark is valid for 10 years from the date of registration and can be renewed indefinitely for successive 10-year periods. No separate grant fee is required; the registration certificate is issued upon approval of the application.

Renewal fee: 62€

When it comes to filing your trademark application in Peru, there are three main paths: going through WIPO (Madrid System), filing directly, or using a dedicated service like Trama.

WIPO allows you to file a single application that can cover multiple countries. However, it's built around your "home" trademark - if that original application is rejected or withdrawn within the first five years, all the international filings linked to it are automatically canceled. You also have to choose from a limited list of goods and services, which often don't fully capture what your business offers. That limitation alone can lead to weaker protection and more conflicts down the line. Lastly, if any trademark office raises an objection against your application, you'll need to hire a local attorney yourself to resolve the issue.

Direct filing, on the other hand, avoids the dependency on your home trademark and gives you full flexibility in how you define your products or services. But it's also more expensive and time-consuming if you're targeting more than a few markets, since each country requires a separate application.

That's where Trama steps in with a smarter, more flexible solution. We tailor each trademark strategy by combining both WIPO and direct filing, based on what works best for your business. Need protection in countries not covered by WIPO? We file direct. Only targeting a few markets? We avoid the WIPO base fee entirely. Want help with objections? Our network of local attorneys is always just a click away.

In short: Trama gives you the best of both worlds - global coverage, cost efficiency, strong protection, and expert support - without the compromises of doing it alone. Find out more about filing your trademark through Trama.