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The average time frame for the registration approval is 9 months, if no objections or oppositions arise.
Registered marks are protected only in Chile – total of 15 regions.
Yes. A power of attorney is necessary.
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.
No. Third parties cannot attack a registered mark on the ground of non-use.
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.
There are four phases of a trademark application in Chile:
- Formal examination – The application is examined according to formalities, classification, clarity, descriptiveness, distinctiveness, deceptiveness, and conflict with an earlier registration.
- 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.
- Substantive examination - Any opposition to the application will be examined.
- Registration – If the application passed the examination and prosecution stages, the registration is finally granted.
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
The Nice Classification system is being used in Chile as a general guide.
No. The Community Trademark is not effective 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.
As of writing, there are no use requirements for registered marks in Chile.
A registered trademark is valid for 10 years.
The first renewal date is computed 10 years from the date of registration grant. A new registration number will be granted for each renewal.
It is legal to use an unregistered trademark provided it does not infringe an earlier right.
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.
Renewals are done every 10 years.
The first renewal date is computed 10 years from the date of registration grant. A new registration number will be granted for each renewal.
Yes. When renewing a trademark registration, the following documents are required:
- A power of attorney
- Specimens of the mark
A 30-day grace period is available.