Many entrepreneurs do not take the trouble to register their trademark before INDECOPI (the Peruvian Trademark Office) because they think that, since they have been using it for several years, it belongs to them and no one can take it away, which is not necessarily true.
The number of entrepreneurs in Peru is so large that it is impossible to know them all. For this reason, it is not unlikely that signs used as trademarks by two entrepreneurs are identical or similar, and that this, at some point, will cause them problems.
If I have my trademark duly registered before INDECOPI, I will be able to offer my products on the market and invest in advertising with peace of mind. In addition, if necessary, I could request third parties to stop using a sign that is identical or similar to my trademark for the same products or related goods.
On the other hand, if my trademark is not duly registered and I have a conflict with a third party, I will have to resort to other procedures that take more time and are more expensive and cumbersome than the trademark registration procedure. Therefore, it is best to obtain the registration of my trademark before INDECOPI before using it in the market.
Another disadvantage of not registering my trademark is that I am vulnerable to complaints filed by a third party with a duly registered trademark identical or similar to mine. If I cannot prove a right to protect my use, INDECOPI could impose me a fine and, also, could require me to withdraw all advertisement and goods from the market, which would cause me a loss in advertising investment and in product manufacturing.
