How to register a trademark in Peru: requirements, costs and timelines
What you need to register a trademark in Peru, how much it costs and how long it takes. Registering a trademark has two costs: the official fee paid to INDECOPI for each class of goods or services, and the professional fees of whoever handles the procedure. Here we publish the requirements, the current fees, how the application proceeds and the reasons a trademark gets refused.
First things first: trademark or patent?
It is a very common mix-up. Many people say “patent” when they want to register a trademark, and others register a trademark believing it protects their product from copies.
I don't want anyone using my name or logo
A trademark protects the sign by which the public recognizes your goods or services: the name, the logo, or both. The exclusive right to use it is acquired through registration (art. 154). That is the procedure this page explains.
I don't want anyone copying my product
A trademark does not stop someone from making a product identical to yours under a different name. If your product is technically new, what protects it is a patent. See what it costs to patent a product →
Requirements to register a trademark
The sign must be capable of being a trademark and must not fall under any prohibition, and the application must include certain details. The articles cited are from Decision 486.
What can be registered as a trademark
Any sign capable of distinguishing goods or services in the market and of being represented graphically (art. 134), including:
- words or combinations of words;
- images, figures, symbols, logos, labels and emblems;
- letters and numbers;
- a color delimited by a shape, or a combination of colors;
- the shape of products, their containers or packaging;
- sounds, smells, or any combination of the above.
The sign must also be distinctive and must not resemble an earlier trademark. See why trademarks get refused →
What the application includes
The request, on a form, includes (art. 139):
- the applicant's details: name, address and nationality or domicile, and place of incorporation if it is a company;
- the representative's details, if one acts, and the necessary powers of attorney;
- the trademark: the text if it is a plain word mark, or a reproduction if it has a logo, stylized lettering, shape or color;
- the list of goods or services and the classes they belong to;
- the signature of the applicant or representative;
- proof of payment of the fee (art. 138).
Without the trademark, the list of goods or services, the applicant's details or proof of payment, the application is not admitted for processing and receives no filing date (art. 140).
The substantive requirement: distinctiveness
The above are formal requirements: without them, the application does not move forward. To grant registration, INDECOPI also examines the substantive requirement: the sign must be distinctive (art. 134), meaning that consumers can use it to recognize your goods or services and tell them apart from others. According to the Andean Court of Justice, distinctiveness has two sides:
- intrinsic, or in the abstract: the sign itself, without comparing it to others, must be capable of distinguishing in the market the goods or services it will protect. A sign that merely names or describes them lacks it: for example, SUPER CALCIO TRIPLE FÓRMULA for vitamins (art. 135);
- extrinsic, or in concrete terms: the sign must stand apart from other signs in the market. This is examined by comparing it with trademarks that others have already registered or applied for (art. 136).
Against an earlier trademark, the Manual para el examen de marcas en los países andinos asks one question: is there a likelihood of confusion or association among consumers? There is confusion if consumers may buy one product believing it is another, or attribute to it a business origin it does not have. There is association if, even while telling the marks apart, they may believe their owners are economically linked. To answer it, the examiner compares two things:
- the signs: whether they are identical or similar in spelling, sound, concept or appearance. They are compared as a whole, one after the other and from the memory the mark leaves, focusing on similarities rather than differences;
- the goods or services: whether they are identical or similar, or have a competitive connection; for example, because one substitutes the other (sugar and sweeteners), because they complement each other (toothpaste and toothbrushes) or because they may reasonably come from the same company (a construction firm and a real estate agency). Being in the same Nice class does not make them similar, and being in different classes does not set them apart.
The two comparisons offset each other: the more alike the signs, the more different the goods must be, and vice versa. In Peru, INDECOPI first analyzes the connection between the goods or services and then the similarity of the signs. Why trademarks get refused →
INDECOPI fees
The fee is charged per class of the International Nice Classification in which you want to protect the trademark (art. 151). There are 45 classes: 34 for goods and 11 for services. It applies to product and service marks, collective and certification marks, trade names and commercial slogans.
| Procedure | Standard fee | MYPE fee |
|---|---|---|
| First class | S/ 534.90 | S/ 401.20 |
| Each additional class | S/ 533.30 | S/ 399.90 |
| Example: trademark in two classes For instance, clothing (class 25) and its sale in a store (class 35) | S/ 1,068.20 | S/ 801.10 |
| Third-party opposition Paid by the opponent, per class; answering it carries no fee. A reckless opposition can be fined up to 50 UIT, S/ 275,000 in 2026 (Legislative Decree 1075, art. 23) | S/ 378.70 | — |
| Cancellation for non-use Only if there are signs that the earlier mark is not used and it also prevents the distinctiveness of yours; when it makes sense | S/ 576.70 | — |
| Reconsideration or appeal Against the decision, within 15 working days; when to use each | No fee | — |
25% MYPE discount. It applies to Peruvian micro and small businesses registered in the REMYPE, with an active tax ID (RUC) in good standing. It is worth checking the registration before filing the application, not afterwards.
Choosing the right classes matters. The trademark is protected only for the goods and services listed in the application. Filing in fewer classes than you need leaves gaps in protection; filing in classes you will not use means paying too much. To find out which class each product or service belongs to, INDECOPI publishes its own version of the Nice Classification, the PERUANIZADO.
Before paying: free INDECOPI tools
INDECOPI offers three free services worth using before filing the application. They help you work out how many classes you will pay for and spot early the problems that would come up in examination. All three are in Spanish.
PERUANIZADO: which classes to file in
A search tool for the Nice Classification as adapted by INDECOPI. You can look up every product or service you want to protect and find its class. That tells you which classes you need and what the fees will add up to. Open PERUANIZADO →
Busca tu Marca: what already exists
Lets you search trademarks, trade names and commercial slogans that are registered, pending or no longer in force. It helps you anticipate whether your application will clash with an earlier sign in the substantive examination. Open Busca tu Marca →
Viability report
The Virtual Platform for Entrepreneurs (Plataforma Virtual Orientada a Emprendedores) issues a viability report on registering your trademark, at no extra cost, once the application filing fee has been paid. Open the platform →
The procedure, step by step
This is how a trademark application proceeds. The articles cited are from Andean Community Decision 486. When the law sets a time limit in days, they are working days, counted from the day after notification or publication (arts. 4 and 5).
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Filing the application
The application is filed with INDECOPI's Directorate of Distinctive Signs, together with a reproduction of the mark if it has a logo, stylized lettering or colors, the list of goods or services and proof of payment of the fee.
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Formal examination
The office checks that the application meets the formal requirements within the 15 working days following filing. If something is missing, it notifies the applicant, who has 60 working days to complete it; otherwise the application is deemed abandoned (art. 144).
Legal time limit: 15 working days · Corrections: 60 working days -
Publication
If the application meets the requirements, the office orders its publication (art. 145) in INDECOPI's electronic Industrial Property Gazette, so that third parties can learn of it.
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Opposition period
Within the 30 working days following publication, anyone with a legitimate interest may file an opposition. On request, they are granted an additional 30 days to submit evidence (art. 146).
If an opposition is filed, the applicant has 30 working days to answer it, extendable by a further 30 days to submit evidence (art. 148).
Opposition: 30 working days from publication -
Registrability examination and decision
Once the opposition period has expired, INDECOPI first examines the absolute grounds for refusal (art. 135) and, if none apply, the relative grounds (art. 136): the comparison with identical or similar trademarks already registered or applied for. If it finds an absolute ground, it states it in its report and does not move on to the relative grounds. Without an opposition, this examination is carried out by the Directorate of Distinctive Signs; with one, the file is decided by the Commission of Distinctive Signs. That report leads to the decision granting or refusing registration (art. 150), which can be challenged through reconsideration or appeal.
Why trademarks get refused
The fee is paid at filing, before you know whether the trademark will be granted. That is why it pays to assess the sign before paying.
It resembles an earlier trademark
A sign cannot be registered if it is identical or similar to a trademark already applied for or registered by a third party for the same or related goods or services, where it may cause confusion (art. 136). This is the most frequent cause, and it can be anticipated by searching first in Busca tu Marca.
It describes the product
Signs are not registered if they consist exclusively of the generic name of the product, indications of its quality, quantity, purpose or origin, or laudatory expressions such as “the best” (art. 135).
It is not distinctive
Nor are signs registered that lack distinctiveness, that consist of the usual shapes of the product or its packaging, or of a color on its own without a shape delimiting it (art. 135). A strong trademark is one the public associates with a single business origin.
Is the name you want already taken? Five options
If a search shows an identical or similar trademark for related goods or services, there are still options. They are listed from lowest to highest cost: which one fits depends on how similar the signs are, whether the owner uses the mark, and whether they are willing to negotiate.
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File the application and defend its distinctiveness
This is the first option to consider, because it has no additional cost. If your sign is different enough, you file the application. If the owner of the earlier mark opposes it (art. 146), you respond (art. 148) by arguing the distinctiveness of your sign and the lack of connection between the goods or services (arts. 134 and 136(a)), using the criteria of the Andean manual; oppositions are often resolved on that argument alone. Responding to an opposition carries no fee. Filing one does: the opponent pays S/ 378.70 per class, and a reckless opposition can be fined up to 50 UIT (Peru's tax unit), that is S/ 275,000 in 2026, with the UIT at S/ 5,500 (Legislative Decree 1075, art. 23). If there is no opposition but INDECOPI's examination finds a similar mark and refuses registration, distinctiveness is argued in the request for reconsideration or the appeal, which carry no fee either. The first instance does not always analyze distinctiveness thoroughly, and many marks that could have been defended are refused there: that is why it is worth challenging the decision. How distinctiveness is assessed.
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Request cancellation for non-use, only if two conditions are met
Cancellation carries a fee of S/ 576.70, so it only makes sense when both conditions apply: there are signs that the owner is not using the mark, and that mark actually prevents the distinctiveness of your sign, so arguing distinctiveness would not be enough. It applies if the mark was not used during the three consecutive years before the action (art. 165), and the burden of proving use lies with its owner (art. 167). While it is decided, you can ask for your application to be suspended. If you already foresee the conflict from the search, you can file the cancellation together with the application. And if registration has already been refused because of that mark, the cancellation request serves as new evidence for reconsideration.
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Ask for a license
The owner authorizes you to use the trademark on agreed terms, for example in exchange for royalties. The license agreement must be recorded with INDECOPI (art. 162).
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Buy the trademark
If the owner is no longer interested, you can negotiate the purchase of the registration. The assignment must also be recorded with INDECOPI (art. 161): signing the contract is not enough.
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A coexistence agreement
If the owner agrees, you can sign an agreement for both marks to coexist. Under the binding precedent of INDECOPI's Specialized Intellectual Property Chamber (Resolution No. 4665-2014/TPI-INDECOPI), the agreement must at least define the signs, the territory, the goods or services, with an effective limitation of the registrations, how each mark will be used, the consequences of breach and how disputes will be resolved. Even so, INDECOPI does not accept it automatically: it assesses whether it actually prevents consumer confusion. Read about the precedent (in Spanish).
If it is refused: trademark rescue
A refusal does not have to be the end. Assessing distinctiveness involves a degree of judgment, and it does not always take into account every applicable technical criterion. That is why a refusal can be reversed.
A request for reconsideration or an appeal can be filed against the decision within 15 working days counted from the day after notification. Neither carries a fee. Reconsideration is decided by the same office that issued the decision and requires new evidence (art. 219 of the Consolidated Text of the General Administrative Procedure Law): at INDECOPI, the arguments on distinctiveness are enough, and they can be accompanied by documents supporting it or by the request for cancellation for non-use of the mark that blocks registration. With an appeal, the file goes to the next instance, which reassesses the evidence already on the record (art. 220). If you are within that period, we can help: we argue the distinctiveness of the sign on the basis of the Manual for the Examination of Trademarks in the Andean Countries to reverse the decision, or we assess other strategies for your sign.
This applies to trademarks and to distinctive signs in general, such as trade names and commercial slogans. Once the 15-day period has passed, nothing more can be done, so it is best to write to us as soon as you receive the notification.
How long does registration take?
INDECOPI's TUPA for a decision
The actual length depends heavily on the examiner. Lately the office has been taking the full time limit set by the TUPA.
If that time limit expires without a decision, the applicable step is an appeal, under the General Administrative Procedure Law. In practice, this leads the Directorate of Distinctive Signs to speed up its decision, to avoid breaching the time limit.
How long protection lasts
(art. 152)
periods, without limit
Renewal is requested within the six months before expiry, and there is a six-month grace period afterwards during which the registration remains fully in force. Proof of use is not required for renewal (art. 153).
Something few people know
Registering the trademark with INDECOPI is not enough to stop counterfeits at customs. For SUNAT, the Peruvian customs authority, to hold counterfeit goods, the owner must also enrol in its Voluntary Register of Right Holders and renew the enrolment every year, within the first 30 working days. Without it, SUNAT has no one to notify when it detects the copies. How border measures work (in Spanish) →
Our fees
Without the overhead of a large law firm. Your trademark is assessed and handled directly by the specialist. A fixed quote before we start: you know what you will pay before you sign anything.
Fees are quoted according to the complexity of the case. Registering a word mark with no conflicting prior marks in one class is not the same as a combined word-and-logo mark in several classes, or an application facing an opposition.
Write to us with your trademark and what you sell. We will tell you which classes to file in and send you a fixed quote with a breakdown of the fees that apply to you.
Sources: Andean Community Decision 486, Common Industrial Property Regime; Legislative Decree No. 1075; Consolidated Text of Law No. 27444, General Administrative Procedure Law; INDECOPI's Single Text of Administrative Procedures (TUPA), approved by Supreme Decree No. 088-2025-PCM and its current amendments. Fees may change with later TUPA amendments: before paying, verify the amount at págalo.pe or in the current TUPA published by INDECOPI. This page is general information and does not constitute legal advice on any specific case.
Last verified: September 15, 2026.