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Chile Trademark Registration 

 
Attorneys - Chile
 
Welcome:

My name is Luz Montebruno Zuanic and I'm the representative Attorney in Chile.

I'll be personally in charge of your trademark registration process.
 
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A trademark attorney will process your trademark registration in Chile through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 9 months, if no objections or oppositions arise.

     

  • If I register my trademark in Chile, do I have protection in other territories?

    Registered marks are protected only in Chile – total of 15 regions.

  • Do I need to sign a Power of Attorney?

    Yes. A power of attorney is necessary.

  • Are there any benefits from a pre-filing use of the trademark?

    Prior use of a mark has minimal benefits because rights are established primarily through registration. However, the applicant can use this as an evidence of the mark’s distinctiveness which is essential in overcoming disputes on the grounds of non-distinctiveness.

  • Will there be problems in case I don’t use my trademark after registration?

    No. Third parties cannot attack a registered mark on the ground of non-use.

  • What are the types of trademark that can be registered in Chile?

    The following marks are accepted for registration:

    • Words
    • Names
    • Colours
    • Devices
    • Sounds
    • Slogans

     

    Note: Product shapes are not protected and the trademark office does not accept three-dimensional marks.

  • What are the phases of application after a trademark has been filed in Chile?

    There are four phases of a trademark application in Chile:

    1. Formal examination – The application is examined according to formalities, classification, clarity, descriptiveness, distinctiveness, deceptiveness, and conflict with an earlier registration.
    2. Publication – The details of the application are published and made accessible to the public including the mark, the name of the applicant, the country of incorporation, the application number and date, goods/services, priority claim, and representation.
    3. Substantive examination - Any opposition to the application will be examined.
    4. Registration – If the application passed the examination and prosecution stages, the registration is finally granted.
  • What type of trademark is not registrable?

    The following marks are prohibited from registration:

    • Marks that contradict principles of morality or public order
    • Generic terms
    • Names, symbols or flags of nations, states, or international organizations
    • Marks that are non-distinctive
    • Common health, scientific, or technical terms
    • Marks that look confusingly similar to a notorious mark
    • Marks that mislead the consumers about its type, source or quality
    • Colour per se
  • Does Chile use the "Nice Classification" system?

    The Nice Classification system is being used in Chile as a general guide.

  • Does the Community Trademark apply for Chile?

    No. The Community Trademark is not effective in Chile.

  • Is there any possibility to claim priority in Chile?

    Priority application can be claimed provided the following conditions are met:

    • The applicant’s home country is a party to the Paris Convention
    • The filing date in the home country is within a 6-month period preceding the filing date in Chile.
  • What do I need to do to satisfy the use requirement?

    As of writing, there are no use requirements for registered marks in Chile.

  • Once my trademark has been registered, for how many years will be valid?

    A registered trademark is valid for 10 years.

  • What will be the renewal date of my trademark?

    The first renewal date is computed 10 years from the date of registration grant. A new registration number will be granted for each renewal.

  • Is it legal to use my trademark even if it is not yet registered?

    It is legal to use an unregistered trademark provided it does not infringe an earlier right.


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