Is Your Peruvian Brand Protected in the United States?
¿Su marca peruana está protegida en Estados Unidos?
Peruvian gastronomy, food, textile, and agricultural brands have a strong following in Miami and across the U.S. Peru is not a Madrid Protocol member, so Peruvian owners file directly with the USPTO through a U.S.-licensed attorney.
Peruvian trademark filings at the USPTO, 2021 to 2026
Peruvian applicants filed about 90 to 130 U.S. applications a year from 2021 to 2025, led by bakery, snack, and food products in Classes 29 and 30, and clothing in Class 25.
U.S. applications filed by Peruvian owners
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 |
Most common classes in Peruvian filings
Applications naming each class, 2021 to 2025. A filing can name more than one class.
Peru's leading sectors: food and bakery products, superfoods and fresh produce, alpaca and cotton textiles, restaurants, and pisco.
Top five Peru-based owners of live U.S. trademark registrations
Current owners with an address in Peru, ranked by the live U.S. registrations they hold. In all, 488 live U.S. registrations list an owner in Peru.
View data table
| Rank | Owner | Live U.S. registrations |
|---|---|---|
| 1 | Gloria S.A. | 11 |
| 2 | Fito Perú Export Import S.A.C. | 9 |
| 3 | Panadería San Jorge S.A. | 8 |
| 4 | Agrícola Cerro Prieto S.A. | 7 |
| 5 | El Pedregal S.A. | 7 |
Counts the last listed owner of each live registration, grouping variations of the same company name. Registrations held through U.S. subsidiaries are not included.
How we counted. USPTO trademark records, retrieved October 27, 2026, counting applications by filing date where an owner's address is in Peru. Brands owned through U.S. subsidiaries are counted under the U.S. The "registered" figures include registrations later cancelled.
How Peruvian applications fare at the USPTO
The USPTO issued 72 registrations to Peruvian owners in 2025, up 64% from 2021. Today, 490 live U.S. registrations and 124 pending applications name an owner in Peru.
Applications filed and registrations issued
Applications by filing year, and registrations by the year they issued. A registration usually issues 12 to 18 months after filing.
View data table
| Year | Applications filed | Registrations issued |
|---|---|---|
| 2021 | 127 | 44 |
| 2022 | 90 | 64 |
| 2023 | 92 | 43 |
| 2024 | 95 | 49 |
| 2025 | 94 | 72 |
How Peruvian owners file: the filing basis
Share of 2021–2025 applications claiming each basis. An application can claim more than one.
Intent to use lets a brand reserve its U.S. rights before launch. Because Peru is not a Madrid member, none of these filings could use the Madrid route.
View data table
| Basis | Applications | Share |
|---|---|---|
| Intent to use · § 1(b) | 254 | 51% |
| Use in U.S. commerce · § 1(a) | 126 | 25% |
| Home registration · § 44(e) | 111 | 22% |
| Priority claim · § 44(d) | 27 | 5% |
| Madrid designation · § 66(a) | 0 | 0% |
What happened to Peruvian applications, by filing year
Status today of applications filed each year. Recent years are still largely pending.
View data table
| Filing year | Registered | Abandoned | Pending or other |
|---|---|---|---|
| 2021 filings | 73 | 52 | 2 |
| 2022 filings | 37 | 44 | 9 |
| 2023 filings | 45 | 38 | 9 |
| 2024 filings | 55 | 25 | 15 |
| 2025 filings | 44 | 23 | 27 |
Most abandonments follow an unanswered USPTO refusal or a missed deadline to file a statement of use. Both are avoidable with a U.S. attorney docketing the file.
An INDECOPI registration stops at the border
Trademark rights are territorial. A registration from Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (INDECOPI) protects your brand in Peru, and nowhere else. In the United States, another company can file for the same name, and if it files first or uses it first, it can block your products, your Amazon listings, and your U.S. distributors.
Most Latin American systems give rights to whoever registers first. The U.S. system is different: rights come from use in the U.S., and a federal registration extends them nationwide. An application filed before you launch, on an intent-to-use basis, secures your U.S. priority date before your first shipment.
Signs you should file in the U.S. now
- You are appointing a U.S. importer, distributor, or franchisee
- You plan to sell on Amazon.com or other U.S. marketplaces
- Your products are already sold in Miami or elsewhere in the U.S.
- You are opening a U.S. location or a U.S. subsidiary
- You have found a U.S. company using a similar name
Pisco is a protected name in U.S. trade agreements with Peru and Chile. Quechua and Spanish product words must be translated and are refused if they describe the goods.
How a Peruvian brand gets U.S. protection
A direct USPTO application
Peru is not a member of the Madrid Protocol, so a Peruvian owner cannot extend an INDECOPI filing to the U.S. through WIPO. Protection requires an application filed directly with the USPTO by a U.S.-licensed attorney.
The application can be based on use in U.S. commerce, a bona fide intent to use, or the Peruvian filing itself under Section 44 of the Lanham Act.
Using your INDECOPI filing in the U.S.
- Section 44(d): file in the U.S. within six months of your INDECOPI application and claim its filing date as your U.S. priority date
- Section 44(e): rely on your INDECOPI registration, so the U.S. registration can issue without proof of U.S. use
- Either way, U.S. use must be shown between years 5 and 6 to keep the registration
Why a Peruvian owner needs a U.S. attorney
Since August 3, 2019, every applicant or registrant domiciled outside the United States must be represented before the USPTO by an attorney licensed in a U.S. state. That covers new applications, responses to refusals, oppositions, and post-registration filings.
We act as the U.S. attorney of record for Peruvian companies and work alongside their INDECOPI filing firm, which stays involved in the strategy.
Selling into the U.S.
- Amazon Brand Registry: Amazon recommends a trademark for each store you sell in, which for Amazon.com means a USPTO filing
- U.S. Customs recordation stops counterfeit imports once the mark registers
- Miami's port, airport, and distributors are the gateway for many Peruvian products entering the U.S.
Who does what for your U.S. filing
Each matter is handled by a U.S.-licensed attorney, supported by paralegals and docketing staff who manage documents, deadlines, and communication. You always know who is responsible for each step.
Attorneys
Your U.S. attorney of record before the USPTO.
- Clearance search review and a written risk opinion
- Choice of owner, filing basis, and route (direct filing, with priority where available)
- Drafting goods and services in U.S. form
- Responses to USPTO refusals, oppositions, and letters of protest
- Enforcement against U.S. infringers and marketplace sellers
Paralegals and docketing
The people who keep your file complete and on time.
- Collecting INDECOPI filings, certificates, and translations
- Reviewing specimens and evidence of U.S. use
- Preparing filings and USPTO forms for attorney review
- Docketing every USPTO and maintenance deadline
- Preparing CBP recordation and Amazon Brand Registry paperwork
Client communication
Built for owners and counsel outside the U.S.
- Service in English and Spanish
- WhatsApp and email updates at each step
- Copies of every USPTO notice with a plain explanation
- Invoices in U.S. dollars with wire instructions
- Coordination with your INDECOPI filing firm
Working with your home counsel
Many Peruvian brands reach us through their INDECOPI filing firm. We take instructions from that firm, report back in Spanish or English, and keep the client relationship where it belongs. Our role is the U.S. side: filing, examination, deadlines, and enforcement.
Foreign Trademark Counsel explains how we work with firms abroad.
Fees and paying from abroad
- Invoices in U.S. dollars, with wire transfer instructions
- USPTO fees passed through at cost
- A written estimate before each filing or response
Top five filing mistakes Peruvian applicants make
These are the errors we see most often in U.S. filings by Peruvian brand owners. Most cannot be fixed after the application is filed.
Waiting until the restaurant or product is in Miami
Peruvian restaurant and food concepts often open in the U.S. before filing. By then, a local business may already use or have filed a similar name.
PriorityClear and file before opening, using an intent-to-use application.
Missing the six-month priority window
A U.S. application within six months of the INDECOPI filing can claim the Peruvian filing date.
Section 44(d)Coordinate the U.S. filing with the INDECOPI filing.
Descriptive Spanish and Quechua words
Names such as a dish, a fruit, or a cooking style describe the product. Under the doctrine of foreign equivalents, they are treated like their English meaning.
Foreign equivalents · § 2(e)(1)Translate the mark and choose a term that does not describe the goods or services.
Not covering restaurant services
A food brand filed only for packaged goods does not cover a restaurant, and vice versa. Peruvian brands often operate both.
Classes 30 and 43List each class the brand will actually use.
Losing the registration for nonuse
A registration based on the Peruvian registration issues without U.S. use, but is cancelled if U.S. use is not shown between years 5 and 6.
Section 8Start U.S. sales and keep proof of use.
Frequently asked questions
Does my INDECOPI registration protect my brand in the United States?
No. Trademark rights are territorial. A INDECOPI registration protects your brand in Peru only, and someone else can register it at the USPTO first.
Do I need a U.S. attorney?
Yes. Since August 3, 2019, applicants and registrants domiciled outside the U.S., including in Peru, must be represented at the USPTO by a U.S.-licensed attorney.
Can I extend my INDECOPI registration to the U.S.?
Not through Madrid, because Peru is not a member. A direct U.S. application can rely on the Peruvian registration or claim its filing date within six months.
Does my restaurant need a separate trademark from my food products?
Usually it needs a separate class. Restaurant services are in Class 43, and packaged foods in Classes 29 and 30.
How do I pay from abroad?
Our invoices are in U.S. dollars, with wire transfer instructions. Government fees are passed through at cost.
How long does a U.S. application take?
Most applications take 12 to 18 months from filing to registration. A refusal, an opposition, or an intent-to-use basis can add several months.
What if someone has already registered my brand in the U.S.?
We review the earlier registration to see whether it is vulnerable, for example for nonuse, abandonment, or bad faith by a former distributor. Options include a cancellation petition, a negotiated coexistence or assignment, or a change of brand for the U.S. market.
Can I register a Spanish word as my U.S. trademark?
Yes, but the USPTO translates it. If the English meaning describes the goods, the mark is refused just as the English word would be. The application must include a translation of any Spanish wording.
What does a direct U.S. application cost?
The USPTO filing fee is $350 per class. Professional fees are quoted in writing in U.S. dollars before filing.
Agende una consulta
Tell us your brand, what you sell, and where in the U.S. you plan to sell it. We will check the U.S. register, recommend the right filing basis, and give you a written estimate in U.S. dollars.
- U.S. clearance searches
- Direct USPTO filings with Section 44 priority
- Responses to USPTO refusals
- Amazon Brand Registry and U.S. Customs recordation