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Country trademark guide · Updated

Trademark registration in Peru

To register a trademark in Peru, file directly with INDECOPI; Peru is not in the Madrid System. Peruvian law allows several classes per application. Under Andean Decision 486, oppositions are due within 30 business days of publication, also from other member countries, and 3 consecutive years of non-use across the Community can lead to cancellation.

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Five questions first

Which route?Madrid does not cover Peru, so you file directly with INDECOPI. If your first application abroad was filed less than 6 months ago, you can claim its priority at the same time.Details ↓What do I need?The applicant's name and address, an address for notifications in Peru, the mark, specific goods or services grouped by Nice class, and a simple private power of attorney.Details ↓How are official fees charged?Per class: PEN 534.90 for the first class and PEN 533.30 for each additional class, all paid at filing; there is no registration fee after approval.Details ↓How long does it take?The statutory maximum for the procedure is 180 business days; INDECOPI states that applications without opposition are usually concluded within 45 business days.Details ↓What are the main risks?Similarity to earlier marks, lack of distinctiveness, Andean oppositions from right holders in other member countries, and cancellation after 3 consecutive years of non-use in every member country.Details ↓
Key facts

Trademarks in Peru: key facts

OfficeDirectorate of Distinctive Signs (Dirección de Signos Distintivos) of INDECOPI, the National Institute for the Defence of Competition and the Protection of Intellectual Property; INDECOPI is attached to the Presidency of the Council of Ministers. Website and search links: IP Toolbox.
LawAndean Community Decision 486 on the Common Industrial Property Regime (common rules); Peru's Legislative Decree 1075 (2008, amended several times since) and its regulations; official fees under INDECOPI's Single Text of Administrative Procedures (TUPA)
How rights ariseExclusive rights arise from registration; priority goes by the date and time of filing, and an applicant acting in bad faith gets no priority
Madrid SystemNot available: Peru is not a member, so it cannot be designated through Madrid; file directly with INDECOPI
Several classes per applicationAllowed: one application can cover several classes and results in a single registration; fees are charged per class, and the application can be divided during examination
Language and notificationsSpanish; documents in other languages need only a simple translation. The application must give an address for notifications in Peru; you can also opt for notification by email or through an INDECOPI electronic mailbox
Power of attorneyA private document is enough, with no notarisation or consular legalisation; it can be filed after the application, and the acts done in the meantime must then be ratified
Opposition (statutory)Within 30 business days of publication in INDECOPI's electronic gazette, once only; holders of earlier registrations or applications in other Andean member countries can also oppose (Andean opposition)
Examination deadline (statutory)The registration procedure has a statutory maximum of 180 business days (from the day after filing); INDECOPI states that applications without opposition are usually concluded within 45 business days
Term and renewal (statutory)10 years from grant, renewable for 10 years at a time; renew within the 6 months before expiry, or within a 6-month grace period after it; renewal needs no evidence of use
Non-useIf the mark has not been used in any Andean member country for 3 consecutive years, a third party can request cancellation, also for only the unused goods; no request can be filed until 3 years after the registration procedure has concluded
Filing feePEN 534.90 for the first class and PEN 533.30 for each additional class (fee schedule in force since 1 July 2025)

Checked on 2026-10-06; general information only — the office's published rules and fees prevail.

Which route

Direct filing: whether to claim priority

Peru is not part of the Madrid System, so it cannot be designated in an international registration: you file directly with INDECOPI. The real choice is whether to claim priority from an earlier application filed abroad.

ItemDirect filing without priorityDirect filing claiming priority
PrerequisiteNone; use this if you have no earlier application, or if it was filed more than 6 months agoFiled in Peru within 6 months of your first application, a period that cannot be extended; same mark, with goods within the scope of the earlier application
Filing date and priorityThe date you file with INDECOPIThe filing date of your first application (priority date); identical or similar applications filed by others in Peru in the meantime rank behind yours
Extra stepsNoneDeclare the date, office and number of the earlier application, and submit a certified copy of it with proof of its filing date and a Spanish translation; these can go with the application, and are due no later than 9 months from the first filing date
Official feesPer class: PEN 534.90 for the first class, PEN 533.30 for each additional classSame as direct filing; the current fee schedule lists no separate priority fee
RiskAnyone who files first in the gap between your first application and your Peruvian filing can block youIf the declaration or the supporting documents are late, priority cannot be claimed
Best forYou have not filed elsewhere yet, or your first application is more than 6 months oldYour first application was filed less than 6 months ago, especially if you are worried about pre-emptive filings in Peru

Peru, Colombia, Ecuador and Bolivia all apply Decision 486, but there is no single "Andean trademark": you file and pay in each country separately. An earlier registration or application in any member country can support an Andean opposition in another, provided the opponent also files an application in that country when opposing. See Trademark registration in Colombia, Trademark registration in Ecuador and Trademark registration in Bolivia.

Not sure? Run a free search first, then submit an order online; the agent will advise you based on the search results.

What to prepare

Documents checklist

For an application to INDECOPI, prepare the following information and documents. No evidence of use is needed at filing.

Applicant

  • Name, nationality or place of incorporation, and address (for a company, its name as registered, spelt in Spanish or English)
  • For a company, the name of its legal representative
  • An address for notifications in Peru: a mandatory field on the application form, usually the Peruvian agent's address
  • Optionally, authorisation for notification by email, or use of the electronic mailbox assigned by INDECOPI

The mark

  • The type of mark: word, word in a particular typeface, combined, figurative, three-dimensional and so on
  • A clear representation for anything other than a plain word mark; views from different angles for a three-dimensional mark
  • State whether colours are claimed; if this is not stated and the representation is in colour, the mark is protected in the colours shown

Goods and services

  • Grouped by Nice class, each group headed by its class number and in class order, listing specific goods or services
  • One application can cover several classes, with one fee per class; INDECOPI offers a search tool for the Nice Classification adapted to Peru to check acceptable wording

Priority (if claimed)

  • File within 6 months of your first application, stating its date, office and number
  • A copy of the earlier application certified by the receiving office, with proof of its filing date and a Spanish translation, no later than 9 months from the first filing date

Representation

  • A private power of attorney is enough, with no notarisation or consular legalisation; for a company, state the signatory's position
  • You can file first and submit the power of attorney later; the agent's acts in the meantime must then be ratified
  • Exception: a power of attorney to surrender a registration must be notarised, and if signed abroad, also legalised by a consulate or apostilled

Signed documents such as the power of attorney are provided following the agent's instructions. A mark containing another person's name, image or signature, or a sign belonging to someone else, needs the corresponding authorisation.

How long

Process and timeline

Example: a direct application with no opposition. Periods marked "statutory" are set by law.

  1. Step 1

    Clearance search (recommended)

    Search INDECOPI's trademark search system for similar marks, and use the Nice Classification search tool to settle the wording of the goods

  2. Step 2

    Filing

    File online or on paper and pay the fee; the filing date is the date the applicant's details, the mark, the goods or services and the payment are all complete

  3. Step 3

    Formal examination

    Within 15 business days of filing (statutory); any deficiencies must be remedied within 60 business days (statutory)

  4. Step 4

    Publication and opposition

    Once the formalities are in order, the application is published in INDECOPI's electronic gazette; oppositions within 30 business days of publication (statutory)

  5. Step 5

    Substantive examination and decision

    After the opposition period, examination of distinctiveness and earlier rights; a decision can be challenged by reconsideration or appeal within 15 business days (statutory)

  6. Step 6

    Grant and certificate

    After grant, INDECOPI serves the registration certificate on the applicant; the whole procedure has a statutory maximum of 180 business days

INDECOPI's official procedure guide states that applications without opposition are usually concluded within 45 business days; this is the office's own statement, not a statistical average. If there is an opposition, the applicant has 30 days from notification to reply and can ask for a further 30 days to submit evidence (common rules), and the case goes to the Commission of Distinctive Signs for decision.

How to read the periods: "statutory" = set by law; "official statistics" = averages published by the office; "estimate" = typical cases. Actual timing varies.

How much

Official fees

Official fees are in Peruvian soles (PEN) and charged per class: one filing fee for the first class and another for each additional class, all paid at filing, with no registration fee after approval. INDECOPI's fee schedule states amounts directly in soles, and they do not adjust automatically with the annual tax unit (UIT); at the 2026 UIT of PEN 5,500, the first-class filing fee is about 9.7% of a UIT. The table below shows INDECOPI's current fees.

ItemChargedAmount
Paid on filing
Application fee (per application, first class included; no separate registration fee on grant)Per application534.90 PEN
Each additional class (multi-class application)Each additional class533.30 PEN
Keeping the registration
Renewal fee (every 10 years, per class of each registration; PEN 216 per class when filed via INDECOPI's SEL online platform)Per class240 PEN

Source: Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (INDECOPI), TUPA aprobado por D.S. 088-2025-PCM, procedimiento PA140001BB；Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (INDECOPI), TUPA aprobado por D.S. 088-2025-PCM, procedimiento PA1400E3FC · current fees in force since 2025-07-01 · checked on 2026-10-07 · The Bank of China publishes no rate for this currency, so fees are shown in the original currency only

Official fees are as published by the office; the service fee is quoted by an agent after you submit, and you pay only after accepting the quote.

Example: the same mark in 3 classes costs PEN 534.90 + 2 × PEN 533.30 = PEN 1,601.50 in official fees. Renewal after 10 years costs PEN 240 per class, PEN 720 for 3 classes, or PEN 216 per class (PEN 648 in total) through INDECOPI's online services platform (SEL).

The 25% discount for micro and small businesses in the fee schedule applies only to companies listed in Peru's micro and small business register (REMYPE) with a Peruvian tax number; foreign applicants are generally not eligible.

Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

Watch out

Rules specific to Peru and common refusals

These are the most common issues in Peruvian examination, along with rules specific to Peru under the Andean common regime that are easy to overlook.

Andean oppositions: earlier rights in other member countries can block you

Under Decision 486, anyone who has registered or first applied for an identical or similar mark in Colombia, Ecuador or Bolivia can oppose your Peruvian application, provided they also file an application in Peru when opposing, to show a real interest in the market. If the opposition rests on an earlier registration, INDECOPI can refuse your application; if it rests on an earlier application, yours waits until that one is granted. If you are targeting the Andean market, file early in every member country.

Non-use cancellation: use in any member country counts, but you must prove it

Once 3 years have passed since the registration procedure concluded, a third party can request cancellation on the ground that the mark has not been used for 3 consecutive years, or raise non-use as a defence in an opposition. Use in any Andean member country, or exports from a member country alone, counts as use; the burden of proof is on you, usually through invoices, accounting records and audit certificates. If only some goods are unused, only those are cancelled, and a successful requester gains a preferential right to register.

A 30-business-day opposition period, once only

Once the formalities are in order, the application is published in INDECOPI's electronic gazette, and third parties must oppose within 30 business days, once only. If you already have a brand in Peru, watch the gazette; once the opposition period is missed, you can only seek a declaration of invalidity after registration. Abusive oppositions can be fined up to 50 UIT.

Keep your Peruvian address and agent details up to date

Cancellation and invalidity requests are served at the Peruvian address you gave at registration, renewal or the last recorded change; if that address no longer works and you cannot be found, INDECOPI serves notice by publication, and you could lose the registration without knowing. When you change agent or address for notifications, inform INDECOPI in the file of the most recent recordal.

Registration by agents or distributors and bad-faith applications

An application by your current or former agent, distributor or licensee, without your consent, for a mark identical or similar to yours is refused; INDECOPI can also refuse an application where there are reasonable indications that it was filed for unfair competition. Bad-faith applicants get no priority. Before working with a Peruvian distributor, file in your own name first.

Similarity to earlier marks and lack of distinctiveness

Marks identical or similar to an earlier application or registration for the same goods, or goods likely to cause confusion, are refused, as are signs that directly describe the quality, purpose or origin of the goods, or that consist only of a generic name or a single colour. A clearance search before filing greatly reduces these risks.

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After registration

Keeping the registration

A Peruvian registration lasts 10 years from grant. No periodic proof of use is required, but you must renew on time; once 3 years have passed since registration, the mark can be cancelled if it has not been used in any Andean member country for 3 consecutive years.

WhenWhat to doOfficial fee
Within the 6 months before expiry, every 10 yearsRenew; no evidence of use is needed, and the goods can be limited at the same time; INDECOPI must decide within 60 business daysPEN 240 per class per registration; PEN 216 per class online through SEL
Within 6 months after expiry (grace period)Renewal can still be filed, and the registration stays in force during the grace period; filings after the grace period are not acceptedAs above (the current fee schedule lists no grace-period surcharge)
Once 3 years have passed since the registration procedure concludedA third party can request cancellation for 3 consecutive years of non-use; you must prove use within 60 business days—
Any timeAssignments must be recorded to be effective against third parties; licences can be recorded; changes of name, address and other details must be recordedPEN 331.70 per filing

After registration, you can ask Peruvian customs to suspend the release of suspected counterfeit goods being imported, exported or in transit, and customs can also act on its own initiative; e-commerce brand registries usually also require a registered or pending trademark.

Use by a licensee counts as use by you. Keep sales invoices, advertising and export documents from Peru and other Andean member countries to defend against a non-use action.

FAQ

Trademark registration in Peru

How much does a trademark cost in Peru?

Official fees are per class: PEN 534.90 for the first class and PEN 533.30 for each additional class, all paid at filing, with no registration fee after approval. For example, 3 classes cost PEN 1,601.50. Renewal after 10 years costs PEN 240 per class (PEN 216 online). Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

How long does trademark registration take in Peru?

The statutory maximum is 180 business days. INDECOPI's official procedure guide states that applications without opposition are usually concluded within 45 business days. The statutory milestones are formal examination within 15 business days of filing and a 30-business-day opposition period after publication; if there is an opposition, the parties exchange submissions and the Commission of Distinctive Signs decides, which takes longer.

Can I designate Peru through the Madrid System?

No. Peru is not a member of the Madrid System, so an international registration cannot be extended to Peru; an agent must file directly with INDECOPI. If your first application abroad was filed less than 6 months ago, you can claim its priority.

Can one Peruvian application cover several classes?

Yes. Peru's national law allows multi-class applications, and the classes in one application result in a single registration, with fees charged per class. During examination, some classes or goods can be divided out and handled separately, for example a class facing an opposition; each division carries a small extra fee.

If my mark is registered in Colombia or Ecuador, do I still need to register it in Peru?

Yes. The four Andean Community countries apply the same Decision 486, but registrations are independent and there is no single "Andean trademark". However, an earlier registration or application in another member country can support an Andean opposition in Peru, and use in another member country counts as use of the Peruvian registration against a non-use action.

How long can a Peruvian trademark go unused before it can be cancelled?

Once 3 years have passed since the registration procedure concluded, a third party can request cancellation if the mark has not been used for 3 consecutive years. Use in Peru, Colombia, Ecuador or Bolivia, or exports from those countries alone, counts as use; the burden of proof is on the owner, who has 60 business days from notification to submit evidence. If only some goods are unused, only those are cancelled.

Other IP rights

Patents: Peruvian invention patents last 20 years from the filing date and utility models 10 years (Andean common rules); Peru has been a PCT member since 6 June 2009.

Designs: protected for 10 years from the filing date; Peru is not party to the Hague Agreement, so you file directly with INDECOPI.

Patent applications are handled through an affiliated patent agency.

Other countries and territories in the region

Colombia　·　Ecuador　·　Bolivia　·　Chile　·　Brazil　·　Argentina

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