Trademark registration Chile

In order to protect your trademark in Chile, you must register it in the country. As in most other countries in Latin America, the “First to File” jurisdiction applies, which means that whoever registers a trademark first obtains the rights to it. By filing your trademark in Chile, you prevent a third party from taking the rights to your trademark. Since there is no legal way in the country to prevent the unlawful use of unregistered trademarks, this is all the more important. As the holder of a trademark, you are responsible for prosecuting infringement thereof.

Anyone wishing to register a trademark in Chile should contact INAPI (Instituto Nacional de Propiedad Industrial). Although it is possible to register a trademark as a foreign entrepreneur, you must be represented by a local trademark specialist. You must also enclose a power of attorney with your application. Without this document, your application will not be processed. An application for a mark in Chile takes about nine months. This period is longer when third parties oppose your trademark.

Active use of a trademark is not necessary to register it in Chile. When you have submitted the application forms, the INAPI will perform an initial formality check. This is followed by a period of twenty days in which you have to pay the costs for publication. If you do not do this on time, your application will automatically expire. After publication of your application, third parties are given thirty days to lodge an objection. Once this period has elapsed, the INAPI will conduct an additional substantive investigation.

If your application is officially approved after this substantive investigation, you then have sixty days to pay the final costs. A trademark can only be registered in Chile when these have also been met. Keep in mind that days refer to working days. Public holidays are also not included in the applicable terms. In practice, the processing of your application can therefore take a little longer. The certificate that confirms your registration will be sent to you digitally. No paper version will be issued.

Is the registration of your trademark in Chile a fact? This is valid for ten years. The period starts on the date of official registration. You can renew a brand infinitely often in Chile. This means that your brand can last forever. You can apply for an extension up to thirty working days after the expiry date. To renew your trademark, fill in a specific form: FPI-57. If you use a representative, this must again be a trademark specialist recognized by the Chilean government.