PERU
August 01, 2017
New articles have been drafted in the registration of TM's in Peru. These have a number of defining features which have come into effect as of June 2017. Article 2 states that if a power of attorney has already been registered in public registries, it can also be enforced before the INDECOPI. In addition to this, any information which may be lacking at the time of filing, such as representation of the mark, the express description of products and / or services or the proof of payment of the fee will result in no formal date of entrance being assigned.
Article 13 of the regulation marks an interesting difference between the consequences of submitting a withdrawal of the claim and the withdrawal of a proceeding. In this way, the withdrawal of the procedure generates that the resolutions issued during the procedure of the procedure are rendered ineffective. On the other hand, the withdrawal of the claim means that the resolution has the same effects as a resolution declaring the claim denied or unfounded.
Additionally, the Peruvian Electronic Gazette has been implemented, where applications will be published. Applicants/representatives will have to monitor the content of the Electronic Gazette and it will be presumed that every person is aware of the content of such publications. Errors in the electronic publication shall be requested to be amended within the term to file opposition (30 working days). Also, This publication decreases the cost of the publication and facilitates the access to the information regarding the administrative proceedings of registration.