Trademark registration Chile
Register your trademark in Chile online in 3 steps…
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We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.
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Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.
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What are the costs of a trademark registration in Chile?
- Includes all fees
- extra class
- Includes all fees
- up to 3 classes
- Includes all fees
- extra class
How do you get a trademark registration in 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.
Representation by a trademark specialist
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.
How does the trademark application process in Chile work?
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.
Registering a trademark in Chile: the validity
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.
The trademark symbol
Heb je je merknaam kunnen vastleggen in Chili? Dan wordt het sterk aanbevolen om het registratiesymbool ® of de afkorting M. R. (Marca Registrada) in combinatie met je merk te gebruiken. Pas als je een van deze twee gebruikt, is het als eigenaar van een beschermd merk mogelijk om criminele acties te vervolgen. Alhoewel civiele procedures altijd tot de mogelijkheden horen, sta je met het gebruik van deze symbolen een stuk sterker.
The validity of a Chilean trademark registration
In order to keep your trademark rights valid in Chile, unlike many other countries, it is not necessary to use your trademark. However, if it can be shown that you never intended to use the brand, it can still be canceled. Registered trademarks are valid for ten years in Chile. The registration period starts on the date of the actual registration. You can request an extension from six months before the end date. Extensions can be issued endlessly and is valid for ten years each time. There is a six-month grace period.
What can you register as a trademark in Chile?
If you want to register a trademark in Chile, it may consist of words, letters and numbers or a combination thereof. A single letter or number is not allowed. If you want to record a logo, please send an image of it with your request. Your logo must look exactly as you wish to register it. It is also possible to register sounds as a trademark. A graphical representation in the form of a staff is essential for this. You also need to provide the INAPI with the recorded audio.
Filing a trademark in Chile through International Registration
Chile has been a member of WIPO since 1975. You can turn to this office for submitting international trademark applications. You can, as it were, bundle various national trademark applications here, which makes international trademark protection easier, but also cheaper. The WIPO charges a basic amount, to which is added the country tax of all countries selected by you. After checking by WIPO, your application will be forwarded to Chile and processed there. An international registration certificate is issued by WIPO within a few months. However, this does not guarantee a successful assessment by the national trademark office.