Your U.S. Counterpart for Peruvian Clients
Su contraparte en Estados Unidos para sus clientes peruanos.
Peru is not a Madrid Protocol member, so every U.S. filing for a Peruvian client goes directly to the USPTO through a U.S.-licensed attorney. We file for clients of Peruvian firms with a priority claim to the INDECOPI filing or on the basis of the Peruvian registration, and report to you in Spanish.
Trademark activity in Peru and at the USPTO
INDECOPI recorded 46,763 trademark class counts in 2024, up 11% from 2019. Peruvian owners filed 498 U.S. applications from 2021 to 2025, all of them directly.
Trademark filings at INDECOPI
Class count in applications filed at INDECOPI, all direct filings, by applicant residence.
View data table
| Year | Total | Resident | Non-resident |
|---|---|---|---|
| 2019 | 42,058 | 29,205 | 12,853 |
| 2020 | 37,250 | 26,280 | 10,970 |
| 2021 | 42,605 | 29,557 | 13,048 |
| 2022 | 40,875 | 28,108 | 12,767 |
| 2023 | 41,982 | 29,916 | 12,066 |
| 2024 | 46,763 | 33,986 | 12,777 |
U.S. applications filed by Peruvian owners
USPTO applications per filing year from owners with an address in Peru. The 2026 bar covers January through September.
View data table
| Filing year | Filed | Registered to date | Via Madrid |
|---|---|---|---|
| 2021 | 127 | 73 | 0 |
| 2022 | 90 | 37 | 0 |
| 2023 | 92 | 45 | 0 |
| 2024 | 95 | 55 | 0 |
| 2025 | 94 | 44 | 0 |
| 2026 (Jan.–Sept.) | 52 | 4 | 0 |
How Peruvian applicants file in the U.S.
Filing basis claimed in U.S. applications from Peru, 2021 to 2025. An application can claim more than one basis.
View data table
| Basis | Applications |
|---|---|
| Intent to use · § 1(b) | 254 |
| Use in U.S. commerce · § 1(a) | 126 |
| Home registration · § 44(e) | 111 |
| Priority claim · § 44(d) | 27 |
No Madrid route
Peru is not a member of the Madrid Protocol, so WIPO records no international applications from INDECOPI and no designations of Peru. Every U.S. filing for a Peruvian client is a direct USPTO application, and every filing by a U.S. owner in Peru goes through local counsel.
Peruvian applicants relied on the home filing, through Section 44(d) priority or a Section 44(e) registration, in 138 claims from 2021 to 2025.
How we counted. National-office figures are class counts (applications multiplied by the classes they name) from the WIPO IP Statistics Data Center, May 2026 update, covering direct and Madrid filings. Madrid figures are WIPO counts by date of receipt at the International Bureau through 2025. USPTO figures count applications by filing date where an owner's address is in Peru, from USPTO records retrieved October 27, 2026.
The U.S.-attorney rule for Peruvian clients
Since August 3, 2019, applicants and registrants domiciled in Peru must be represented before the USPTO by an attorney licensed in a U.S. state. Because Peru is outside the Madrid system, there is no international application to fall back on: the U.S. filing is a national application from the start.
Two Paris Convention routes let your client use its INDECOPI filing. Under Section 44(d), a U.S. application filed within six months of the INDECOPI application claims its filing date. Under Section 44(e), the U.S. registration can issue on the strength of the Peruvian registration, without proof of U.S. use until years 5 to 6.
What this means for your firm
- You keep the client relationship and the strategy
- We are attorney of record and correspondence address at the USPTO
- Every USPTO notice comes to you with our recommendation
- We send U.S.-originated work in Peru back to you
What we handle for your Peruvian clients
The full U.S. life of a mark, from the first filing to enforcement, under your instructions.
Direct U.S. filings
Use, intent-to-use, Section 44(e) home-registration, and Section 44(d) priority applications.
Madrid refusals
Responses to USPTO provisional refusals of designations of the United States.
Office actions
Arguments and amendments on likelihood of confusion, descriptiveness, specimens, and identification.
TTAB matters
Oppositions, cancellations, ex parte appeals, letters of protest, and expungement or reexamination petitions.
Maintenance
Section 8 and Section 71 declarations, Section 15 affidavits, Section 9 renewals, and docketing every U.S. deadline.
Recordals
Assignments, mergers, and name changes recorded with the USPTO Assignment Recordation Branch.
Enforcement
Cease-and-desist letters, U.S. Customs recordation, Amazon Brand Registry, and coordination with litigation counsel.
Built for the instructing firm
- Conflict checkWe clear conflicts before any substantive work, usually within one business day.
- Associate agreementA short written agreement sets reporting, billing, and client-contact rules.
- InstructionsBy email, in Spanish or English. We confirm receipt and the deadline the same day.
- ReportingWe report to your firm, not to your client, unless you ask us to copy the client.
- FeesFixed fees for standard actions, invoiced in U.S. dollars with wire instructions; government fees at cost.
Where U.S. filings from Peru go wrong
The issues we see most often in U.S. matters sent by Peruvian firms, and how we deal with each.
Missing the six-month priority window
The priority claim under Section 44(d) is lost if the U.S. application is filed even a day late. Peruvian clients often decide on the U.S. only after the window closes.
We ask to be told of each INDECOPI filing that may go to the U.S., and docket the six-month date.
Spanish and Quechua words that describe the goods
Under the doctrine of foreign equivalents, a word that describes the product in Spanish or Quechua is treated like its English translation and refused as descriptive.
We translate the mark and assess descriptiveness before filing.
Food and restaurant classes
Peruvian gastronomy brands often operate restaurants and sell packaged goods. A filing in Classes 29 and 30 does not cover Class 43 restaurant services.
We file each class the client actually uses or intends to use.
Pisco and protected names
Pisco is protected in the U.S. under trade agreements with Peru and Chile, so it cannot serve as a brand.
We clear a distinctive name and treat pisco as a product term.
Section 44(e) registrations with no U.S. use
A registration based on the Peruvian registration issues without U.S. use, but is cancelled if the Section 8 declaration cannot show use.
We docket the declaration and track the client's U.S. launch.
Work flows both ways
Because Peru is outside Madrid, U.S. brand owners also file directly at INDECOPI, through Peruvian counsel. U.S. applicants accounted for 2,196 of INDECOPI's non-resident class counts in 2024, second only to China. We refer that work to the Peruvian firms that send us U.S. matters.
We do not practice Peruvian law. When a U.S. client needs protection in Peru, the matter goes to Peruvian counsel, and we report the result to our client.
What to send with an instruction
- Client name, entity type, and country of organization
- Full address of domicile (street address, not a P.O. box)
- The mark as filed at home, with any color claim and translation
- Home filing or registration number and date (for priority or Section 44(e))
- Goods and services, ideally already in U.S. ID Manual wording
- U.S. use dates and a specimen, if the client already sells in the U.S.
- For Madrid refusals: the WIPO notification and the USPTO refusal
- The response or filing deadline you are working to
Frequently asked questions
Can a Peruvian client use the Madrid Protocol to reach the U.S.?
No. Peru is not a Madrid member, so the U.S. filing is a direct USPTO application, which can claim priority to the INDECOPI filing within six months or rely on the Peruvian registration.
Which is better for our client, Section 44(d) or Section 44(e)?
Often both. A Section 44(d) claim secures the earlier date, and Section 44(e) lets the U.S. registration issue once the Peruvian registration issues, even before U.S. sales begin.
How are your fees structured for associate work?
Standard actions, such as a new application, a response to a routine refusal, or a Section 71 declaration, carry fixed professional fees, listed in our associate fee schedule. Contested work is billed by the hour or on a quoted budget. Government fees are passed through at cost, and invoices are in U.S. dollars.
How quickly do you act on an instruction?
We confirm receipt and the deadline the same business day and clear conflicts before substantive work. For urgent deadlines, tell us the date in your first email.
Do you report in Spanish?
Yes. Our attorneys work in Spanish and English and report to you in the language you prefer.
Will you contact our client directly?
No, unless you ask us to. We report to you and copy the client only on your instruction.
Request our associate fee schedule
Our schedule lists fixed fees for the U.S. actions Peruvian firms send most often, with our instruction checklist and a short guide to the most common USPTO refusals of filings from abroad.
- Direct USPTO applications
- Section 44(d) and 44(e) filings
- TTAB oppositions and cancellations
- Section 8 and Section 71 declarations