CHILE

• Kinds of Trademarks registrable in CHILE

  • Following indications may be used as Trademarks in Chile:

    1. Word marks and Expressions
    2. Names
    3. Word marks in combination with letters and numbers
    4. Label marks with pictures, images, symbols and drawings
    5. Figurative marks
    6. Logo marks in combination with letters, numbers, figures, images symbols, drawings
    7. Mixed marks
    8. Sound marks
    9. Slogans and Tag Lines
    10. Combination of colours Combination of all of the above

    Types of Marks registrable:

    • Collective marks
    • Certification marks
    • Marks for non-commercial purposes
    • Service marks
    • Well Known marks
• Requisites for a Trademark to be registrable in CHILE

  • Trademarks must contain the following essential requirements to be registrable in Chile:

    1. Distinctiveness
    2. Non-descriptive of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4. Not be same / similar / identical either visually and / or phonetically to prior registered / pending marks.
• Kinds of Trademarks not registrable in CHILE

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Chile:

    • Trademarks that indicate the kind, quality, intended purpose or value of the goods or services.
    • Trademarks that are common surnames or geographical names.
    • Trademarks that are misleading about the nature of the goods or services.
    • Trademarks conflicting with prior registered marks.
    • Non Distinctive marks.
    • Descriptive words and phrases.

    TrademarkCopia through its associate Law Firms and Lawyers in Chile is at hand to help you with trademark registration and prosecution.

• Trademark Search in CHILE

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Chilian Trademark Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Chile.

• Trademark Filing in CHILE

  • Filing is done with the Trademark office of Chile.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA) – Original PoA within days of application.
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       (Although Chile is not a member of NICE Agreement)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in CHILE

  • Once the application is filed, a formal examination regarding compliance of all the legal and regulatory requisites is carried out. Any lacunae to be rectified by the applicant within stipulated period of time else, the trademarks application id deemed abandoned.

    Once the trademark application is accepted, applicant to request publication of the trademark application in the official journal.

    Post publication, interested third parties may file opposition within stipulated period of time. In the event the application does not encounter any opposition, the INAPI conducts a substantive examination of the trademark application to ensure that it is not in contravention of any statutory requirements.

• Trademark Publication & Opposition in CHILE

  • Once the trademark has been accepted for registration, it is published in the Official Gazette.  Any interested person from the general public can view the trademark in the gazette and lodge an opposition to it within 30 working days from the date of publication of the application.  The applicant has to then file a counter statement to the same.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Chile can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in CHILE

  • Once the trademark is accepted for registration, the Registrar of trademarks will enter the details of the trademark onto the trademark register and the applicant will be issued with a certificate of registration. Rights of Trademark Owners:

    The term of registration is 10 years after which it can be renewed for another 10 years for unlimited time.

    Trademarks may be:

    1. Exclusively used by the owners of the registered trademarks.
    2. Transferred in whole or in part- Inherited
    3. Assigned and licensed.
    4. Mortgaged and creditors may seize such trademarks belonging to their debtors.
    5. Licensed to natural or legal persons
    6. Prevented from unauthorized usage by third parties
    7. The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in CHILE

  • Pre- Registration: Usage before registration could prove advantageous as it could help overcome objections concerning distinctiveness.

    Prior to Filing: usage of the mark prior to filing is important to acquire distinctiveness for generic and descriptive marks through continuous usage of the marks in commerce.

    Post Registration usage of registered trademark is not mandatory for maintenance and renewals of the said registration.

• Trademark Cost of Registration in CHILE

  • Please write mail for cost of registration of trademark in Chile to the mail address given below:

    contact@trademarkcopia.com