Trademark registration in Chile

Trademark registration in Chile. Requirements to register a trademark

In Chile, the process of registering a trademark is handled by the National Institute of Industrial Property (INAPI). The following are the general requirements and steps for registering a trademark in Chile:

1. Conduct a trademark search: Before filing a trademark application, it is advisable to conduct a search to ensure that the trademark is available and not already in use by another party.
2. File a trademark application: The application must be filed with INAPI, and should include the following:
   1. The trademark (in an acceptable format, such as a graphic representation or a word)
   2. The list of goods and services for which the trademark will be used
   3. The applicant's name and address
   4. A power of attorney, if the application is filed through an agent. When filing with us you can provide a scanned Power of Attorney.
3. Examination of the application: INAPI will examine the application to ensure that it meets all the necessary requirements, including that the trademark is not already in use by another party and that it is not too similar to existing trademarks.
4. Publication of the trademark: If the application is approved, INAPI will publish the trademark in the Official Gazette for opposition purposes for 30 days. At this stage the final fee will be charged.
5. Grant of the trademark: If there are no oppositions or if the opposition is unsuccessful, INAPI will grant the trademark registration. A digital certificate of trademark registration will be issued.
6. Renewal: Trademark registration must be renewed every 10 years.

Please note that this is a general overview of the process, and specific requirements and steps may vary depending on the specific circumstances of the case.

Trademark Search in Chile

In Chile, you can search for trademarks that have been registered or applied for registration with the National Institute of Industrial Property (INAPI) by using the following methods:

1. Online search: INAPI has an online trademark search database, where you can search for trademarks by word, number, owner's name, or class. The database is available in Spanish and allows you to search for trademarks that have been registered or applied for registration in Chile. You can also request our free trademark search in Chile on this page.
2. Search at the INAPI office: You can also conduct a search in person at the INAPI office. The office has a library where you can search for trademarks by class, and a computer system for searching for trademarks by word, number, or owner's name.
3. Ordering an Extensive Study: You can also hire Bonamark to prepare an Extensive Study, we can assist you in conducting the search and provide you with a search report.

It is important to conduct a thorough search for trademarks before applying for registration, as it can help ensure that the mark you are interested in is available for use and not already in use by another party.

Trademark registration: Duration

A trademark registration is valid for 10 years starting from the filing date.

How To Order

1. Fill out a simple online form 
2. A Trademark Account Manager will contact you within 24 hours
3. Prepare the necessary documents 
4. The trademark will be filed within 5 business day
5. We will keep you posted on the progress & inform you when the trademark registers

Any questions? Contact us at [email protected]

Services

We offer the following services in Chile:

• Trademark Search (wordmarks only)
• Trademark Registration
• Trademark renewal
• Trademark oppositions - within 3 months from the registration date
• Defenses in case of oppositions or objections/office actions in Chile
• Trademark assignment
• Change of name/Change of Address

If you are interested in any of these services, please do not hesitate to contact us.

Note, that the price of a registration request does not include final registration fees in Chile. The prices do not include any legal defense in case of oppositions or objections.

🇨🇱 Trademark Renewals in Chile

In Chile, a trademark renewal is the process of extending the validity of a trademark registration for an additional 10 years. This process is necessary in order to maintain the exclusive rights to use the trademark in connection with the goods and services for which it is registered. A trademark is renewable for a period of 10 years and valid from the registration date.

The general steps for renewing a trademark in Chile are:

1. File a renewal application: The application for renewal must be filed with the National Institute of Industrial Property (INAPI) within the six months prior to the expiration date of the registration or within the six months grace period after the expiration date.
2. Payment of renewal fees: The renewal fees must be paid at the time of filing the renewal application.

Grant of the renewal: If the application is approved, INAPI will grant the renewal of the trademark registration.

It's important to note that the renewal application must be filed by the trademark owner or his representative, and that the renewal fees must be paid in advance. Also, it's important to be aware of the expiration date to avoid late renewal fees.

• A mark can be renewed within 6 months before the expiration of the current trademark registration.
• In Chile we will require a simply signed Power of Attorney in order to start the process. We will prepare the document for you.
• The process takes approximately 3-5 months, and a Renewal Certificate is issued.

Trademark renewal price in Chile 

The price is 859$ for one class. The government fee is included in the price. 

Trademark renewal process

Please contact us using the following form in order to request a trademark renewal in Chile. The process is rather simple, our attorney will become your representative and will pay the renewal fee. 

What if the deadline is missed?

After the expiration date a grace period of 6 months is provided to the registrant to renew the trademark paying an extra fee (20% of the official fee for renewal). 

a surcharge of 20% over the amount of those fees will apply for each month or fraction of a month of delay in payment, counted as from the 30 days following the registration’s expiration date. This means that if payment is made within 30 days following a registration’s expiration date, no surcharge will be applied.

After the end of the grace period the mark expires without any ways of restoration, a new mark must be filed. 

• Filing date: 01.09.2019
• Registration date: 01.09.2021
• Expiration date: 01.09.2031
• The earliest date for filing a renewal: 01.03.2031
• Grace period starts and ends: 01.09.2031-01.03.2032

Please be informed that the dates are determined to the best of our knowledge and we take no responsibility if the calculations are incorrect. We recommend that you contact us with an actual case in order to determine the renewal date with the highest accuracy possible.