Trademark Search in Chile

Please find below tutorial on how to perform a trademark search directly with Chilean Trademark Office

Class Numbers

Trademark Status

Search Mode

Trademark Class Search
Frequently Asked Question
If my trademark expires, do I have a grace period?

A 30-day grace period is available.

Is there any documentation that should be presented when renewing a trademark?

Yes. When renewing a trademark registration, the following documents are required:

  • A power of attorney
  • Specimens of the mark
What will be the renewal date of my trademark?

The first renewal date is computed 10 years from the date of registration grant. A new registration number will be granted for each renewal.

When should I renew my trademark?

Renewals are done every 10 years.

Do I need to present periodic statement of use?

No. Periodic statements of use are not needed.

Is Chile a member of the Madrid System?

No. Chile is not a party to the Madrid Protocol or the Madrid Agreement.

How long is the opposition period?

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.

Are there any rights established by having a registered trademark?

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
Is it possible to cancel a registration?

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
Who can oppose my trademark application?

Any interested party can oppose a trademark application.

Can a Trademark Application be opposed?

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
Is there any need to use my trademark before I apply for registration?

Intent to use or actual use is not a registration requirement.

What is the web address of the trademark national office?

The national trademark office of Chile is available online at: http://www.inapi.cl/

Does having a registered trademark in Chile give me any right?

Rights to a trademark are established through registration – this is a “first to file” jurisdiction.

Does the Community Trademark apply for Chile?

No. The Community Trademark is not effective in Chile.

Is there a time frame for filing for a trademark registration?

The average time frame for trademark registration process in Chile is 6 months.

Is it legal to use my trademark even if it is not yet registered?

It is legal to use an unregistered trademark provided it does not infringe an earlier right.

What will be the renewal date of my trademark?

The first renewal date is computed 10 years from the date of registration grant. A new registration number will be granted for each renewal.

Once my trademark has been registered, for how many years will be valid?

A registered trademark is valid for 10 years.

What do I need to do to satisfy the use requirement?

As of writing, there are no use requirements for registered marks in Chile.

Is there any possibility to claim priority in Chile?

Priority application can be claimed provided the following conditions are met:

  • The applicant’s home country is a party to the Paris Convention
  • The filing date in the home country is within a 6-month period preceding the filing date in Chile.
Does Chile use the "Nice Classification" system?

The Nice Classification system is being used in Chile as a general guide.

What type of trademark is not registrable?

The following marks are prohibited from registration:

  • Marks that contradict principles of morality or public order
  • Generic terms
  • Names, symbols or flags of nations, states, or international organizations
  • Marks that are non-distinctive
  • Common health, scientific, or technical terms
  • Marks that look confusingly similar to a notorious mark
  • Marks that mislead the consumers about its type, source or quality
  • Colour per se
What are the phases of application after a trademark has been filed in Chile?

There are four phases of a trademark application in Chile:

  1. Formal examination – The application is examined according to formalities, classification, clarity, descriptiveness, distinctiveness, deceptiveness, and conflict with an earlier registration.
  2. Publication – The details of the application are published and made accessible to the public including the mark, the name of the applicant, the country of incorporation, the application number and date, goods/services, priority claim, and representation.
  3. Substantive examination - Any opposition to the application will be examined.
  4. Registration – If the application passed the examination and prosecution stages, the registration is finally granted.
What are the types of trademark that can be registered in Chile?

The following marks are accepted for registration:

  • Words
  • Names
  • Colours
  • Devices
  • Sounds
  • Slogans

 

Note: Product shapes are not protected and the trademark office does not accept three-dimensional marks.

Will there be problems in case I don’t use my trademark after registration?

No. Third parties cannot attack a registered mark on the ground of non-use.

Are there any benefits from a pre-filing use of the trademark?

Prior use of a mark has minimal benefits because rights are established primarily through registration. However, the applicant can use this as an evidence of the mark’s distinctiveness which is essential in overcoming disputes on the grounds of non-distinctiveness.

Do I need to sign a Power of Attorney?

Yes. A power of attorney is necessary.

If I register my trademark in Chile, do I have protection in other territories?

Registered marks are protected only in Chile – total of 15 regions.

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