START A BUSINESS WITHOUT DROWNING IN PAPERWORK
One of the first questions that comes to mind when we start a business is how we can differentiate ourselves from others, and the logical answer will be to design a brand, but what is a brand? And how do we protect it?
We can start by saying that THE BRAND is that symbol, drawing, word, sound that distinguishes your product or service; This registration makes you the owner and the only one authorized to use it in the national territory.
So the first thing we have to do is identify if our brand is really unique and can be differentiated from other brands; For this we do a search for trademarks at a national and international level, we do a phonetic search and a figurative search, this is to determine if there is any other brand with a similar sound or pronunciation or if there is a brand with a similar logo.
Once we have defined the brand, we begin the registration process. Indecopi will be in charge of publishing the trademark, so that whoever is interested can oppose the registration (because they consider that it graphically or phonetically resembles a previously registered trademark). After that, with or without oppositions, Indecopi will qualify the trademark registration and must proceed with the registration or with its rejection. It should be noted that if the trademark registration is rejected, and we are not satisfied with the arguments, there is the possibility of appealing this decision. The procedure at Indecopi has a maximum duration of 180 days.
On the other hand, the next question that we ask ourselves is, should we establish a company? that this (company) be responsible to banks, SUNAT, suppliers and customers; in such a way that you can protect your assets from debts, or obligations that the same business generates.
In this case, the first thing we must do is search and reserve the name in the Public Registries, to ensure the name of the future company; After that, we must prepare the minutes of incorporation of the company where the statutes will appear, which are the rules on which the company will be governed. At that moment we must define what the amount of the social capital will be, which is the amount with which the company will start its operations, whether it be a contribution in goods or money; and we must also define who will be the General Manager and if we are going to appoint any other representative for the company.
Once we have all this data, and with the minutes prepared by the lawyer, the Public Deed is signed and entered into the Public Records. To finish the process, with the registration of the company, the registration to the RUC is managed in SUNAT to be able to pay the taxes; It should be noted that together with the registration in the RUC you must also request your SOL code so that you can with your accountant make the tax returns.
You can find more details at the following link: https://orientacion.sunat.gob. pe/index.php/empresas-menu/ruc-empresaas/inscripcion-al-ruc-empresas .
Finally, as you can see, the most important thing will be to legally protect your assets, in this case, your brand, which, being the symbol that will differentiate you from others, will become the most valuable asset for your business; and just like your brand, also your own assets against third parties.
If you want more information you can contact:
Ricardo del Valle