Mypes will pay 25% less to register their brand and products before Indecopi

The Congress of the Republic promulgated the Law No. 31724, which promotes the registration of distinctive signs and establishes the reduction of the processing fee for micro and small businesses. From now on, mypes will pay 25% less to register the brands of their products, services, certifications, trade names and trade slogans before the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi).

The reduction in the value of the processing fee is applicable only to mypes that have an active and existing single taxpayer registry (RUC), and with the current registration or re-registration certificate in the Micro and Small Business Registry (Remype ).

“25% of the value of the right to process the procedures for the Registration of Trademarks of Products, Services and Certification, Commercial Name and Commercial Slogan, contemplated in the Single Text of Administrative Procedures (TUPA) of Indecopi for applications for registration of trademarks of products, services, certification, commercial names and commercial slogans presented by micro and small companies (mypes)”, states the law, approved by insistence.

It should be noted that, currently, the fee for the registration of trademarks of products, services, certification, name and commercial slogan is S/534.99, for which it would be paid S/401.24. The trademark registration lasts for 10 years and can be renewed, Indecopi told La República.

Consequently, Indecopi must adapt its Single Text of Administrative Procedures (TUPA), approved by Supreme Decree 085-2010-PCM, within a period not exceeding sixty business days from the entry into force of this law.

However, it should be noted that the lack of adequacy on the part of Indecopi does not limit the full application of this law to applications submitted from the day after its entry into force. That is, the mypes will pay 25% less for the aforementioned procedures from tomorrow, Wednesday April 12.

Not only Indecopi, but also the Executive Branch must adapt its Single Ordered Text (TUO) of Law 27444, Law of General Administrative Procedure, approved by Supreme Decree 004-2019-JUS, to the provisions established in this law, within within sixty business days from its entry into force.

The law is not retroactive. It is clarified that the procedures for registration of distinctive signs in charge of the competent bodies of Indecopi, which on the date of entry into force of this law are in process, continue to be managed under the regulations prior to this law.