Peru is a member of the Andean Community, so its trademark law is Decision 486, the same common regime that governs Colombia, Ecuador and Bolivia. Applications are examined by INDECOPI (Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual) through its Directorate of Distinctive Signs. Peru is a first-to-file country and, unlike Colombia, is not a member of the Madrid Protocol: protection there requires a national filing.
Key facts at a glance
| Office | INDECOPI — Dirección de Signos Distintivos, Lima |
|---|---|
| Governing law | Andean Community Decision 486; Legislative Decree 1075 |
| Madrid Protocol | Not a member: national filing only |
| Local representative | Required for foreign applicants; simple power of attorney, no legalisation |
| Multi-class applications | Accepted, official fee per class |
| Publication | Free electronic Gazette of INDECOPI |
| Opposition period | 30 working days from publication |
| Time to registration | About 4–6 months without opposition |
| Term and renewal | 10 years from grant; renewal 6 months before expiry, 6-month grace period, no proof of use |
| Non-use cancellation | After 3 consecutive years without use in an Andean country |
Official fees are set as a percentage of the Peruvian tax unit (UIT) and updated every January; we confirm the current schedule with each quotation.
You need a local representative
An applicant without domicile in Peru acts through a representative domiciled in the country. The power of attorney is a simple signed document: no notarisation, apostille or consular legalisation is required, and a scanned copy is accepted for filing. Applications and all correspondence with INDECOPI are in Spanish.
The registration process, step by step
- 01Clearance search. A search of the INDECOPI register (phonetic and figurative) to assess availability and identify conflicting Andean rights.
- 02Filing. Online application with the applicant details, the sign and the goods or services under the Nice Classification; multi-class applications are accepted.
- 03Formal examination. INDECOPI checks formalities within a few days and issues the filing certificate.
- 04Publication and opposition. The application is published free of charge in the electronic Gazette; third parties have 30 working days to oppose.
- 05Substantive examination. INDECOPI examines absolute and relative grounds ex officio, including prior Andean rights, and may issue objections.
- 06Decision and grant. If allowed, the registration is granted by resolution and the certificate issued electronically.
Timelines
Absent oppositions or objections, registration typically takes 4 to 6 months from filing. The free electronic Gazette, introduced in 2018, removed the publication cost and the delays that used to come with the official newspaper.
Oppositions and the Andean dimension
Oppositions must be filed within 30 working days of publication. As in Colombia, the owner of a mark registered or applied for in another Andean Community country may oppose on the basis of that right, provided it files an application in Peru and proves a real interest in the Peruvian market. A portfolio with rights in Colombia therefore has leverage in Peru, and a regional trademark watch catches conflicting filings in time.
Maintenance and renewal
A registration lasts ten years from grant and is renewed for further ten-year periods within the six months before expiry, or in a six-month grace period afterwards, with no proof of use. Use still matters: a mark unused for three consecutive years in any Andean country can be cancelled for non-use, and the challenger gains a preferential right to register it. The renewal rules are the same as in Colombia, explained in our renewal guide.
Filing in Peru, Colombia or across the Andean region?
MK Global IP files in Colombia directly and coordinates Peru, Ecuador and Bolivia through its correspondent network, under one instruction and one point of contact.
Talk to our teamFrequently asked questions
Do foreign applicants need a local representative to file a trademark in Peru?
Yes. An applicant without domicile in Peru acts through a representative domiciled in the country, appointed by a simple power of attorney. No notarisation, apostille or legalisation is required.
Is Peru a member of the Madrid Protocol?
No. Peru is not a member of the Madrid System, so a Peruvian trademark can only be obtained by a national application before INDECOPI. This is a key difference from Colombia, Mexico, Brazil and Chile.
How long does trademark registration take in Peru?
Without oppositions or objections, INDECOPI typically grants a registration in about 4 to 6 months from filing, one of the fastest timelines in Latin America.
What is the opposition period in Peru?
Thirty working days from publication of the application in INDECOPI’s electronic Gazette (Gaceta Electrónica de Propiedad Industrial), which is free of charge to the applicant.
How much does a trademark application cost in Peru?
INDECOPI’s official fee is set as a percentage of the Peruvian tax unit (UIT) and updated each January; in 2026 it is roughly USD 150 per class for an online application. Multi-class applications are accepted, with the fee charged per class.
How long is a Peruvian trademark valid and how is it renewed?
Ten years from grant, renewable for successive ten-year periods. The renewal is filed within the six months before expiry or in a six-month grace period afterwards, without proof of use (Decision 486, articles 152–153).
Can a Peruvian trademark be cancelled for non-use?
Yes. A registration not genuinely used in any Andean Community country for three consecutive years can be cancelled at the request of an interested party, who then obtains a preferential right to register the mark.
About the author
Montoya, Kociecki & Asociados (MK Global IP) is a Bogotá intellectual-property firm founded in 1983 and a member of INTA and ASIPI. We act as associate for law firms and IP agents worldwide in Colombia and, through our correspondent network, across Latin America. Related reading: Trademarks in Colombia · Trademarks in Ecuador · Working with us as your associate.