Multi-class TM applications now possible
The Peruvian TM Office (INDECOPI) now allows the possibility of applying for a trademark in several classes of goods and/or services by filing just one application.
Even though one application is possible, the official fees have to be paid for each class.
Peru signed a Commercial Agreement with USA; which entered into force last January. In this agreement, Peru assumed the obligation to sign the Trademark Law Treaty (TLT), whose main aim is the harmonization and simplification of the requirements to obtain and conserve trademarks.
For this reason, Decree No. 1075 was recently issued in order to amend certain dispositions included in the national legislation and adapt them to the ones included in the Trademark Law Treaty.
The multi-class application is one of the most important modifications that this decree has included.
From our experience in regional filing, it is highly advisable to file separate applications for each class of interest, considering the fact that if the application receives an office action and/or third party oppositions to any of the classes involved, the complete filing procedure will be held up until the removal of said obstacle.
Other Latin American countries where multi-class applications are possible:
- Chile: classes corresponding to goods (1-34) have to be filed separately from the ones corresponding to services (35-44), this means that if your interest is in several classes for both types, goods and services, you will have to file separate multiclass applications for each group.
- Uruguay: same proceeding as in Peru.