Registering a trademark with the National Institute of Industrial Property (INAPI) takes about 6–12 months if there are no oppositions or errors in the application. Complex cases may take up to 18 months.
The deadline for filing an opposition is 30 days from the publication of the application in the Diario Oficial (official gazette).
In Chile, you can register word marks, figurative marks, combined marks, three-dimensional marks, sound marks, color marks, and olfactory marks, provided they are distinctive. Marks contrary to public morality or state symbols are prohibited.
The certificate is valid for 10 years from the registration date and can be renewed indefinitely every 10 years.
The owner has the exclusive right to use the mark commercially in Chile, prohibit others from using similar marks, and transfer or license the trademark rights.
The filing fee is approximately $300–600 for one class of goods/services, including registration and publication fees. Additional costs may include legal services or fees for extra classes.
No, use is not mandatory, but non-use for 5 consecutive years after registration may lead to cancellation upon third-party request, as per Article 20 of the Industrial Property Law.
If the trademark is not renewed within 10 years from the registration date, the registration is canceled. Reinstatement is possible within 6 months after the deadline by paying an additional fee.
Chile, with its stable economy and strategic location in Latin America, presents a promising market for businesses seeking to expand. Registering a trademark in Chile not only ensures legal protection but also enhances your brand's value and credibility.
Protection Against Infringement and Unfair Competition
Registering your trademark with the National Institute of Industrial Property (INAPI) grants you exclusive rights to use the mark in Chile. This legal protection helps prevent unauthorized use by third parties and combats counterfeiting and unfair competition.
Exclusive Rights to Use the Brand
A registered trademark provides the owner with exclusive rights to use the mark in commerce, allowing control over its use and preventing others from exploiting it without permission.
Enhancing Company and Brand Value
A registered trademark adds intangible value to your business, making it more attractive to investors and partners. It signifies a commitment to quality and establishes brand recognition in the market.
Opportunities for Licensing and Franchising
With a registered trademark, businesses can enter licensing or franchising agreements, expanding their reach and generating additional revenue streams.
Legal Advantage in Trademark Disputes
In case of legal disputes, having a registered trademark provides a stronger position in enforcing your rights and defending against infringement claims.
The process of registering a trademark in Chile involves several key steps:
Preliminary Trademark Search
Before filing an application, it's advisable to conduct a trademark name search to ensure that your desired mark is not already registered or too similar to existing marks. This can be done using INAPI's online database.
Filing the Application
Applications can be submitted online through INAPI's e-Marcas system. The application must include:
A clear representation of the trademark.
A list of goods or services categorized according to the Nice Classification.
The applicant's details and, if applicable, a power of attorney if represented by an agent.
Formal Examination
INAPI conducts a formal examination to ensure the application meets all legal requirements. If any deficiencies are found, the applicant is notified and given 30 working days to address them. Failure to comply may result in the application being considered abandoned.
Publication in the Official Gazette
Upon acceptance, the applicant must request and pay for the publication of the trademark application in the Official Gazette within 20 working days. This publication initiates a 30-day opposition period during which third parties can challenge the application.
Substantive Examination
After the opposition period, INAPI performs a substantive examination to assess whether the trademark complies with all legal criteria, including distinctiveness and non-conflict with existing marks.
Final Decision and Registration
If the application passes all examinations and no oppositions are upheld, INAPI grants registration. The applicant must then pay the final registration fees within 60 working days to receive the trademark certificate.
Application Fees: Approximately 3 UTM (Unidad Tributaria Mensual) per class, payable in two installments.
Publication Fees: Vary based on the length of the publication, typically around 15,000 Chilean pesos.
Registration Fees: Approximately 2 UTM per class upon acceptance.
The entire process typically takes between 6 to 8 months, provided there are no objections or complications.
Navigating the trademark registration process can be complex, especially for foreign applicants. Without professional guidance, businesses may encounter:
Errors in Application: Misclassifying goods/services or incomplete forms can lead to delays or rejections.
Missed Deadlines: Failing to meet publication or response deadlines may result in abandonment of the application.
Legal Disputes: Without proper legal representation, defending against oppositions or appeals can be challenging.
ProfitMark offers comprehensive support throughout the trademark registration process in Chile:
Full-Service Assistance: From initial search to obtaining the registration certificate.
Trademark Search: Conducting thorough checks to ensure your mark's availability.
Document Submission: Handling all paperwork and submissions on your behalf.
Legal Representation: Providing expert legal support in case of oppositions or disputes.
Transparent Pricing: Offering clear, fixed fees with no hidden costs.
Over 13 Years of Experience in trademark registration across more than 30 countries.
International Team of Experts well-versed in Chilean intellectual property law.
Professional Approach tailored to each client's needs.
Online Services allowing remote processing for your convenience.
Quality Assurance ensuring reliable and efficient service.
Registering your trademark in Chile is a strategic move to protect your brand and expand your business in a promising market. With ProfitMark's expertise, the process becomes straightforward and secure. Don't delay in safeguarding your intellectual property—contact us today to ensure your brand's future success.