Chile adopts the Attributive System for trademark protection. Therefore, in addition to the territoriality principle, you must register your trademarks in this country to have full legal protection over them.
If you are looking to expand to South America and wish to protect your intangibles there, read below.
FAQs on how to register a trademark in Chile
Trademarks in Chile are registered with the National Institute of Industrial Property (INAPI).
Chile uses the International Nice Classification (NCL) for trademark registration. Therefore, before filing an application, it is important to make a correct classification of the goods and/or services you are going to offer with the trademark.
According to INAPI, natural persons or legal entities who reside outside of Chile must appoint a representative domiciled within the country.
A registered trademark in Chile is protected for 10 years from the registration date. Additionally, trademarks can be indefinitely renewed.
You can register trademarks (for goods/services), collective trademarks, certification trademarks and slogans.
Trademark registration process in Chile takes approximately between 6 to 10 months, if it does not receives oppositions nor office objections.
The process follows this steps:
1. Filing of the application
2. Formalities exam
4. Substantive examination
5. Final decision
Before even starting to use your trademark in Chile, it is advisable to carry out a trademark search. Additionally, before filing the application, the trademark search can give you a perspective of the situation. (i.e. if there will be conflicts or delays during the registration process).
If you need advise on the protection of your trademarks in Chile, contact us. An IP specialist will answer shortly after receiving your inquiry.