English
Rights to a trademark are established through registration – this is a “first to file” jurisdiction.
The national trademark office of Chile is available online at: http://www.inapi.cl/
Intent to use or actual use is not a registration requirement.
Yes. A trademark application can be opposed on the following grounds:
- Proprietary rights
- Mark is descriptive
- Mark is not distinctive
- Mark is deceptive or misleading
- Breach of copyright
- Rights of a notorious mark
- Unauthorized use of protected flags, emblems, and armorial bearings
- Rights of trade names
- Rights in a registered design
- Rights in a personal name
- Mark is generic
- Mark uses a geographical indication
- Mark is against public policy or principles of morality
- Rights in a company name
- Mark includes a product shape
Any interested party can oppose a trademark application.
Yes. A registered trademark can be canceled on the following grounds:
- Proprietary rights
- Mark is descriptive
- Mark is not distinctive
- Mark is deceptive or misleading
- Breach of copyright
- Rights of a notorious mark
- Unauthorized use of protected flags, emblems, and armorial bearings
- Rights of trade names
- Rights in a registered design
- Rights in a personal name
- Mark is generic
- Mark uses a geographical indication
- Mark is against public policy or principles of morality
- Mark is prohibited in Chile
- Mark was applied for in bad faith
The following rights are established through trademark registration:
- Exclusive right to use the registered mark
- Right to oppose later conflicting applications
- Right to bring a cancellation order to later conflicting registrations
- Right to file an infringement case against third parties for using a confusingly similar mark
- Right to obtain damages for infringement
- Right to license other individuals or companies to use the registered mark
- Right to apply for the confiscation of counterfeit goods bearing the registered mark
- Right to oppose later applications for the transliterated version of the registered mark
The opposition period will start on the date when the application is published in the Official Gazette.
The opposition period will end 30 business days after the date of publication in the Official Gazette.
Chile is a signatory of the Madrid Protocol.
No. Periodic statements of use are not needed.