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Trademark Chile 2017-12-30T00:06:05+00:00

A trademark is a distinctive sign, symbol or expression used to identify the products or services of a company from those of another. It guarantees the genuineness of the product of service, and gives its holder the legal rights to avoid their trademark’s unauthorized use.

  • It is the only way of obtaining rights to the trademark.
  • It provides national and/or local protection.
  • It allows demonstrate ownership of the trademark.
  • It helps discourage other people from using the trademark unlawfully.
  • Trademarks allow your business to effectively utilize the social media and make your customers find you easily.
  • If anyone uses your registered trademark, he/she will be presumed to be a willful infringer, and registering a trademark confers the ability to recover monetary damages as a result of the infringement.
  • If you don’t register your trademark and someone else registers a trademark very similar to yours, you’ll have to change its name and spend a lot of money changing advertising. It’s also possible that you lose customers.
  • Words
  • Names
  • Devices
  • Colors
  • Slogans
  • Sounds
  • Product shape is not protectable.

Trademark protection in Chile lasts 10 years from the registration date and can be renewed indefinitely every 10 years. A renewal application must be filed within six months before expiration date.

The approximate time from application to registration (for a prosecution without an opposition) is six months.

An application is published for opposition purposes after formal examination of the application and before substantive examination of it. The opposition period begins when the application is published in the Official Gazette and ends 30 business days after this publication.

  • Name and address of the applicant.
  • State or country of incorporation.
  • Trademark description.
  • List of goods or services provided.
  • Power of attorney (needs to be signed in blue ink).
  • Official filing fee.
  • Priority claim (if any).
  • Granting fee.
  • Joint applicants are permitted in Chile.
  • According to Chilean law, trademarks cannot be revoked for non-use reasons.
  • Natural or legal persons domiciled abroad must appoint a representative in Chile.
  • All documents must be translated into Spanish.
  • All signed documents must be apostilled.
  • Chile uses the Nice Classification System as a general guide, not precisely. Classes 1 to 45 are used as in the Nice Classification System, but additional local classes exist for commercial and industrial establishments.
  • In Chile, the type of registration available is local and national.
  • Chile is a member of the Paris Convention, the Trademark Law Treaty and the Nairobi Treaty.
  • Chile is not a party to either the Madrid Agreement or the Madrid Protocol and may not be designated in international applications.
  • European Union Trade Mark registration is not effective in Chile.
  • Multinational regional registrations are not available in Chile.
  • Applications can be filed online.

If your trademark has been successfully registered and it is time for you to renew it, you can start the procedure during validity of the trademark. There is a thirty days grace period to renew the trademark after the expiration date.

If you do not renew on time, you will need to file a complete new application.

No proof of use is required for renewal. Once renewed, it will be valid for another ten-year period starting from the previous expiration date.

Trademark renewal requirements:

  • Name and address of the applicant.
  • Trademark description.
  • List of goods or services provided.
  • Power of Attorney.
  • Trademark registration number.

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