Register a trademark in Chile to protect your brand and secure your company’s reputation.
Chile ranks high on the World Bank‘s list of ease of doing business and the country attracts more and more commercial innovators. To compete with other opportunity-seekers in Chile, it is essential to register your trademark. By registering your trademark in Chile, you secure your business’ revenue and your brand’s omnipresence.
A registered trademark in Chile will legally protect your brand and give you exclusive rights to your invention for a period of 10 years, which can be extended successively for the same period of time.
In this article, we explain what you need to register a trademark in Chile and outline the steps to take.
Table of Contents
Where to Register a Trademark in Chile?
The National Institute of Industrial Property (Instituto Nacional de Propiedad Industrial, INAPI) is in charge of the administration of industrial property in Chile. To register your trademark in Chile, you will need to submit a completed application to this authority.
The law that governs trademark protection and registration in Chile is the Industrial Property Law N.19039.
Categories of Trademarks in Chile
Before filing a request to register a trademark in Chile, you must clearly define the nature of the brand or item you want to register. A sign can be composed of numbers, figures, letters, images, or a mixture of these elements.
The nature of signs is as follows:
- Word mark: (marca denominativa) is a word, an agrupation of words and letters, or combinations of these and numbers.
- Figurative mark: a label with figures, symbols, or images.
- Mixed marks: a label with words, images, symbols, numbers, etc.
Types of brands in Chile can be classified among the following categories:
- Product brand: signs of graphic representation
- Service brand: these are typically a graphic representation that indicates the business origin of a product
- Brand of industrial establishments: this protects the name of the company
- Brand of commercial establishments: this protects the activity being performed
- Propaganda phrase: expressions that accompany the trademark
- Sound mark: sounds that can distinguish a the business origin of a product
- Collective brand: refers to a distinctive sign of graphic representation utilized to distinguish the origin, material, or fabrication method of an association
- Certification mark: a distinctive sign indicating that the product or service complies with a series of standards validated by a certification authority
Conduct a Trademark Search in Chile
Before submitting your application, make sure to conduct a trademark search on Chile’s national INAPIS database, and check whether your trademark is already registered or if there are similar-looking brands that you would be competing with. This is an important step because INAPI evaluates the originality of trademarks and grants a period for opposition claims to be filed.
To guarantee the success of your request, first confirm your trademark is unique in Chile by conducting a trademark search. Trademarks that are too general might also be rejected. For instance, the sign “aceite de cannabis” (cannabis oil) was rejected through Fallo N. 178275; because it was found to be generic in relation to oils destined for medical use, analgesics, and antidepressants, among others.
Take into account that from the moment an application is filed, the process can take up to 6 months.
How to Register Your Trademark in Chile
To register a trademark in Chile, first you will need to consider whether you need a legal representative.
Natural persons don’t require a legal representative to register a trademark. But legal entities, foreign individuals, and groups of natural people will need to appoint a legal representative.
There are two ways you can register your trademark. You can do it through the Internet or in person. For registration over the internet, note that applicants who don’t already have a “unique key”, will need to visit a relevant local branch to obtain it.
The required documentation is the same for an online or in-person request.
Generally, documents you will need to provide to register a trademark in Chile include:
- Information regarding the mark characteristics and nature
- Applicants’ information
- A signed power of attorney document, if required
- A pay order
- For labels, present 6 samples of your trademark design (the size must be a minimum size of 5x5cm and a maximum size of 20x20cm)
Option 1: Register a Trademark in Chile Online
You can save yourself time by applying for your trademark online. If you don’t have a unique key already, you will need to generate one. This key is used for a variety of online procedures and filings in Chile, so it is a handy tool.
To generate a unique key, applicants will need to visit Chile’s civil registry offices or any ‘ChileAtiende’ branch. At your selected office, present your identification and you will be given a code to generate your key. Visit the Clave Unica (Unique Key) website, enter your code, and follow the instructions to create a unique password, which will be your unique key.
Once you have your unique key, you will be able to access INAPI’s online platform to submit your Chile trademark application. At the application page, select ‘new request’, fill in the associated form with your information and the trademark description, attach the required files, and submit the request.
Option 2: In-Person Process
To register your trademark in Chile in-person, you will need to visit and submit your application at the INAPI office. This office is located in:
Libertador Bernardo O’Higgins Avenue 194,
First Floor,
Santiago
You will also need to fill and pay form 10 – the associated fee – at an authorized bank and present this document at INAPI’s office to accredit your request.
3. Evaluation Process
To register a trademark in Chile, applicants need to pass INAPI’s evaluation. INAPI will review your application and notify you if there are errors or issues to resolve. The applicant may correct the application or submit further documentation within a period of 30 days if necessary.
4. Publication in the Official Gazette
After the application is accepted, applicants need to publish an extract of the application in the official gazette within 20 working days. The purpose of this is to give other trademark owners who may consider their mark to be similar to yours the chance to file an opposition claim.
5. Final Resolution
If there are no opposition claims, INAPI will provide a final resolution that will approve or reject the trademark. If the resolution approves the trademark, the applicant must pay for and accredit the definitive rights within a 60 day period.
Once the accreditation payment is finished, you need to pay a final fee for registration purposes. Applicants have 60 more days to pay for the registry fee of the trademark.
If the request is rejected, the applicant may appeal this decision before the Industrial Property Tribunal.
Costs
Chile bases its prices according to its monthly tax unit (Unidad Tributaria Mensual, UTM), which changes slightly yearly according to the government.
Member of the World Intellectual Property Organization
Chile is a member country of the World Intellectual Property Organization (WIPO), through the Paris Convention. This membership allows exporters or interested parties to more easily obtain and protect their trademarks internationally in the territories covered by the convention. Currently, there are 177 contracting parties registered under the Paris Convention.
Commonly Asked Questions on Trademark Registration in Chile
Based on our extensive experience these are some common questions from clients who are registering a trademark in Chile:
– The Applicant`s Contact Information (Business name, business ID number, country of incorporation, phone number, office address, email address, etc.).
– Determine the class of your products/services to be registered in the International (Nice) Classification of Goods and Services.
– A detailed description of the brand, origin, design, general description, and business activity.
– The date at which you commenced using your brand commercially.
– If you wish to register your logo along with your brand, we request that you provide the logo in JPG format.
The timeframe to register a trademark is 4 months, provided there are no oppositions from third parties.
Register a Trademark in Chile With Biz Latin Hub
Chile is a country with solid macroeconomic fundamentals and an open economy for foreign investment. When expanding into the country, it is important to protect your business ideas and inventions and ensure they remain unique and profitable. To do this, you can register a trademark in Chile with the assistance of a professional lawyer.
At Biz Latin Hub, we have vast experience helping businesses register their trademarks in Chile. Our team of local lawyers is ready to assist you in all commercial legal processes.
Contact us today for personalized assistance on getting started or learn more about our team and expert authors.
The information provided here within should not be construed as formal guidance or advice. Please consult a professional for your specific situation. Information provided is for informative purposes only and may not capture all pertinent laws, standards, and best practices. The regulatory landscape is continually evolving; information mentioned may be outdated and/or could undergo changes. The interpretations presented are not official. Some sections are based on the interpretations or views of relevant authorities, but we cannot ensure that these perspectives will be supported in all professional settings.
