Registered Trademarks rights in Chile: distinctive features

 As mentioned a few days ago on the post Major reform of Industrial Property in Chile, the current Chilean law on trademarks is going to make several changes in the coming months. These changes will be defined more precisely in the parliamentary debate on the proposed new property law.

Before these changes enter into force, let’s show a summary of the current features of trademarks law in Chile.

Derecho de marcas registradas en Chile: particularidades

The recent Chile’s participation and signature of mayor international treaties, has forced to adapt formal requirements when filing a trademark application. While, until a few years ago, Chile was a very bureaucratic country where power of attorneys had to be signed and legalized before the Consulate, nowadays no notarization or legalization is required. The rapidity of business needed this change in order to prevent the procedures to extend in time for purely bureaucratic considerations.

Registered trademarks right in Chile: distinctive features  

  • The administrative authority responsible for the management of industrial property rights in Chile is the National Institute of Industrial Property (INAPI).
  • Filing of trademarks can be done both on paper and electronic version. In Protectia, all the procedures made before the INAPI are handled electronically, as our commitment to the environment.a presentación de las marcas puede hacerse tanto en papel como en versión electrónica.
  • Once filed, the trademark shall be examined from a formal point of view (payment of the fee, goods and services, description of the trademark). After passing this examination, the trademark is accepted for publication, moment which opens a period of within 20 working- days to make the payment of the publication in the Official Journal. In case of non-payment, the trademark shall be considered abandoned. (more…)