- North & South America
2. The current trademark laws in Chile are Law No. 19039, enacted on January 25, 1991, and Decree No. 177, enacted on September 30, 1991.
3. The Chilean National Industrial Property Office is the agency responsible for trademark application and registration. The official language is Spanish.
4. Adopting the principle of application first and taking into account the principle of use first.
5. Chilean trademark registration adopts the International Classification of Goods and Services for trademark registration A trademark application can involve multiple categories of goods or services, but a single trademark application cannot specify multiple categories of goods and services simultaneously.
On April 4, 2022, Chile officially ratified the Madrid Protocol on the Madrid Trademark System; On July 4, 2022, the Madrid Protocol officially came into effect in Chile. Afterwards, Chilean trademarks can be processed through either the "single country registration" method or the "Madrid International Trademark Registration" method.
The trademark is valid for 10 years after registration, starting from the date of registration; Renewal can be processed within 12 months before the expiration date, with a grace period of 30 days (non extendable); The renewal period is 10 years. The term 'unused trademark' is currently not a legal reason for revocation in Chile, and there are no requirements for its use.
1. Applicant's identification documents;
2. Translation of the applicant's name and address in both Chinese and English;
3. Clear trademark design;
4. The goods/services to be protected;
5. Original copy of authorization letter
Chilean trademark registration takes at least 6 months from submitting the application to issuing the registration certificate. The process is as follows:
The applicant must submit a trademark registration application to INAPI in accordance with the statutory application documents and pay the prescribed fees. After the application is submitted, the trademark will receive a unique application number.
Conduct formal examination of trademark applications to verify compliance with legal and regulatory requirements.
After the formal review is approved, it will be announced in the official gazette so that third parties can raise objections if they believe they have more rights.
Regardless of whether there are objections, INAPI will conduct substantive examination to verify that the trademark application does not infringe any legal basis for non registrability.
Once the application passes the substantive examination, INAPI will approve the grant of the trademark. If the trademark application is rejected, the applicant can appeal to the Industrial Property Court.
