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Chile Trademark Registration

In Chile the legal basis is the new Industrial Property Law, (No. 19.039) in force since September 30th, 1991 modified by Law No. 19.996 in force since March 11th, 2005, and by Law No. 20.160 in force since January 26th, 2007. Trademark protection is obtained by registration.

Requirements

A trademark application has to be filed before the INAPI (National Institute of Industrial Property) by a local agent. A power of attorney signed in the presence of a notary and authenticated by a Chilean consulate is necessary. Foreign applicants do not need a domestic registration.

Procedure

The application process includes a formal examination before the publication in the official Gazette and an examination of distinctiveness after the publication in the official Gazette, but no search for prior trademarks. It takes approximately 6-8 months before an office action is issued by the trademark authority or registration. Before registration the trademark is published in the official Gazette. The opposition period is 30 working days from publication date of the application.

Duration

A trademark registration in Chile is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

Extra

The Chilean law does not include the cancellation action for non use

Area Practice:

INTELLECTUAL PROPERTY

Trademarks ™
Patents
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Designs
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