Chile

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. 

                                                                                                                                                                                                              Trademark registration classification:

Nice Classification

Requirements:  

  • Full name and address of the applicant.
  • The exact data of the trademark, with indication of the classes and a description of the goods/services the client wishes to apply for.
  • A sample of the label, in the case of design marks, in the form of a computerized JPG, GIF, PNG or BMP image file.
  • If Paris Convention priority is claimed, the priority data (i.e., number of the foreign application, filing date and country of origin) to be quoted in the Chilean application.
  • A power of attorney signed in the presence of a notary and authenticated by a Chilean consulate is necessary.

Procedure:

  • The registration process begins filing an application before the INAPI (National Institute of Industrial Property) by a local agent
  • Once the application is submitted, INAPI makes a formal examination, to verify if the application complies with the formal requirements.
  • If formal requirements are met, the application may be published in the Chilean Official Gazette. It is necessary to request and pay for the publication of the extract of the application, in the office of the Official Journal located at INAPI, within 20 working days counted as of the acceptance. Otherwise the application shall be considered abandoned.
  • Third parties will have 30 labor days after publication date for presenting oppositions.
  • If there are no oppositions the applicant must pay the governmental fees and submit copy of the of payment fee within 60 days counted as of the acceptance to registration of the application.
  • Normally, the procedure takes between six months and more than one year depending on contingencies that may arise in it.

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

 

 Fee Structure
          
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