The relevant trademark authority is the Chileian Institute of Industrial Property (INAPI).
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.
Yes, a multiclass trademark application can be filed in Chile.
No, Chile is not a party to the Madrid Protocol or the Madrid Agreement.
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
The trademark application for opposition is published in the Chilean Gazette.
The time period for filing notice of opposition is 30 days from the date the mark was published in the Gazette.
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.
A trademark is registered in Chile for a period of 10 years from the date of registration and is renewable after every 10 years.
Yes, a priority trademark application can be filed in Chile and priority is to be claimed at the time of filing the application only.
The official fee for filing a trademark in Chile is approximately USD85 in one class.
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.
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.
Yes, a well-known mark can block registration of an identical or similar trademark.
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
As of now, trademark cannot be cancelled in Chile on the grounds of non-use.
The 11th edition of the Nice Classification has been in force in Chile.
No, a trademark in Chile can be filed on “intent to use” basis.
Renewal of a trademark may be requested during the validity term or within six months after the expiry of renewal on payment of surcharge.