Global Trademark GO: Chile——Introduction to Chilean Trademark Application

Chilean trademarks can be a logo composed of one or more words or letters, a combination of words, letters or numbers; a symbol composed of a combination of numbers, images, colors, symbols or pictures to apply for word trademarks, graphic trademarks, mixed trademarks, slogan trademarks and other Sound trademark. According to Article 23 of the Chilean Industrial Property Regulations, a single letter or number may not be registered as a trademark unless the letter or number is represented by a distinctive graphic design. In Chile, you can apply for a trademark in multiple categories.

In July 2021, Chile’s Industrial Property Law and Trademark Law Treaty were significantly revised. Registerable trademarks have been expanded to apply for olfactory trademarks, three-dimensional trademarks, tactile trademarks, position trademarks, hologram trademarks, etc. From July 2022, Chile will officially join the Madrid System.

1. Trademark authority

• Kuwait Patent Office, Ministry of Commerce and Industry, Trademarks and Patent Department, abbreviation: MOCI
• Website: Home (inapi.cl)
• Trademark Search: INAPI - Consulta de Marca

2. How to apply for trademark registration

• Paper submission in person (INAPI office hours: 9 a.m. to 2 p.m.) or electronic application (official fees must be paid electronically)

3. Trademark registration application language

• spanish

4. Documents required for trademark registration application

• Applicant information (including mailing address)
• Trademark pattern
• List of goods and/or services
• Power of attorney, original, can be supplemented within 60 days from the date of application
• The priority document and its Spanish translation can be submitted within 30 days from the filing date.

5. Chilean trademark registration application process

• The procedure for registering a trademark in Chile is divided into three stages: submission of the trademark application; formal examination; followed by publication of the abstract in the Official Gazette and the commencement of the substantive examination of the trademark application. If INAPI discovers formal defects in a trademark application, it will issue a correction notice, and the applicant must respond within 30 days, otherwise the trademark application will be deemed invalid.
• After the trademark application passes the preliminary examination, it will be announced in the official trademark bulletin within 10 days from the date of acceptance of the trademark application. The trademark opposition period is 30 days, starting from the date of announcement, and this period cannot be extended. Once the Trademark Registration Office receives a trademark opposition application, it will immediately notify the person being opposed. The respondent shall submit an objection reply within 30 working days from the date of receipt of the notice. If the relevant evidence has been submitted, the respondent can get a grace period of 30 working days for submitting the defense; this period can be extended once more, and the period is still 30 working days. If the trademark passes the substantive examination, the trademark will be registered and an electronic certificate will be issued.

6. Documents required for trademark change/transfer

• Name/address change information
• power of attorney
• transfer agreement
• Trademark registration certificate

7. Trademark cancellation

• If a registered trademark has not been used for five consecutive years, any relevant rights holder may request cancellation of the announced trademark.

8. Trademark objections

• Anyone can file an objection request against the announced trademark within 30 working days from the date of trademark announcement.

9. Authorization, validity period and trademark renewal

• Trademarks that pass the review must be authorized for trademark registration fees within 60 working days. The validity period of a registered trademark is 10 years, calculated from the date of registration. Requests for trademark renewal can be made six months before the end of the term, and renewal can be applied for within 30 working days after the expiration of the trademark, but a 20% monthly late fee is required. Trademarks can be renewed indefinitely. Chilean trademark renewal requires submission of a power of attorney.

10. Average time for trademark authorization

• If the registration goes smoothly, the average time for trademark registration in Chile is 12-15 months.

11. Other matters needing attention

• The opposition period for Chilean trademark announcements is only 30 working days. If Chinese companies do not register Chilean trademarks in advance and do not monitor Chilean trademark announcements, it is easy to miss the opposition period for pre-registered trademarks.
• There is no time limit for filing cancellation proceedings against a trademark registered in bad faith. The person in charge of INAPI will hear the cancellation lawsuit in the first instance, and the Industrial Property Court will hear the second instance. In certain cases, decisions of the Industrial Property Court may be appealed to the Supreme Court.