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Trademark Filing in chilie

Trademarks in Chile

FAQs on Trademark laws in Chile

List of Trademark laws in Chile

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What is the relevant Trademark Authority in Chile?

The relevant trademark authority is the Chileian Institute of Industrial Property (INAPI).

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What is the process for trademark registration in Chile?

Once a trademark is filed with the INAPI, the same is subject to examination for verification of filing requirements. Thereafter, the applicant is given a period of 30 days to respond to the examination.

Thereafter, the mark is published in the Official Gazette for opposition by third parties. The period for filing notice of opposition against a trademark is 30 days. If no opposition is filed within the stipulated period then the mark proceeds towards registration.

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Can a multiclass trademark application be filed in Chile?

Yes, a multiclass trademark application can be filed in Chile.

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Is Chile part of Madrid protocol for trademark application?

No, Chile is not a party to the Madrid Protocol or the Madrid Agreement.

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On what grounds can a trademark be objected or refused in Chile?

The Chilean Trademark Law delineates certain absolute grounds of refusal. Apart from that a trademark is likely to be objected in Chile, if they descriptive and identical or similar to earlier conflicting marks

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Does a trademark get published in the trademark journal in Chile?

The trademark application for opposition is published in the Chilean Gazette.

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What is the period for filing a notice of opposition or opposing a trademark in Chile?

The time period for filing notice of opposition is 30 days from the date the mark was published in the Gazette.

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How much time does it take for a trademark to get registered in Chile?

If no notice of opposition is instituted against the mark, then the mark gets registered between 5-8 months. However, if the mark is opposed then the mark will be registered in 12-18 months.

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What is the term for which a trademark is registered in Chile?

A trademark is registered in Chile for a period of 10 years from the date of registration and is renewable after every 10 years.

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Can a priority trademark application be field in Chile?

Yes, a priority trademark application can be filed in Chile and priority is to be claimed at the time of filing the application only.

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What is the fee to file a trademark application in Chile?

The official fee for filing a trademark in Chile is approximately USD85 in one class.

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Can 3D marks be registered as trademark in Chile?

No, as per the current Regulation, 3D shapes can’t be registered as Trademarks in Chile as they are classified as Industrial Design under the Local law.

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Are non-traditional marks like sound, colour or combination of colours registered as trademark in Chile?

The Chilean law accepts sound mark as a trademark.

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Are well-known trademarks recognized in Chile?

Yes, a well-known mark can block registration of an identical or similar trademark.

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What are the documents required for filing a trademark application in Chile?

The documents required for filing a trademark application in Chile are:

  • Representation of trademark
  • Specification of goods or services
  • Priority documents if priority is being claimed
  • POA (Power of Attorney)
  • Name of local representative in case of foreign applicant
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Can a trademark be cancelled in Chile?

As of now, trademark cannot be cancelled in Chile on the grounds of non-use.

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Under what nice classification can a trademark be field in Chile?

The 11th edition of the Nice Classification has been in force in Chile.

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Is there a requirement for showing proof of use while filing a trademark application in Chile?

No, a trademark in Chile can be filed on “intent to use” basis.

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Can a lapsed or non-renewed trademark be restored in Chile?

Renewal of a trademark may be requested during the validity term or within six months after the expiry of renewal on payment of surcharge.

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