Before starting to offer your goods or services, you want to perform a trademark search in Chile. The reason is simple; you do not want to use a previously registered trademark in Chile to avoid a trademark infringement lawsuit.
We also advise you to perform a search before filing a trademark application to avoid unnecessaries conflicts or delay during the process.
On the INAPI (National Institute of Industrial Property) website, there is a capable search engine for you to verify similarities or exactitudes regarding the trademark you want to register.
This trademark search will perform an exact match search and can also include other trademarks that contain the same search terms. A good practice is to search also for:
- Similar trademarks
- Distinct variations as plurals or gender
- Obvious misspelled words
- Sound-alike works
- Other accepted spellings
You should also be familiar with the international trademark classification of goods and services, AKA Niza Classification. This classification is essential because trademarks are registered in a specific class, but they are also relations between the classes.
It would help if you looked closer to trademarks registered in Chile that are registered in the same class or classes as your brand, but also in classes that could be connected by consumers.
Once you have a list of similar brands, you have to study one by one to see if there is a risk of confusion, and they cover similar goods or services.
If you have a question about your search or want a legal opinion, our Chilean trademark attorneys can help.