The process of registering a trademark in Chile is carried out through the National Institute of Industrial Property (INAPI). The main steps to register a trademark in Chile are as follows:
- Prior Search
Before filing the application, it is advisable to conduct a prior search to verify that there are no identical or similar trademarks registered in the same class. - Registration Application
Submit the trademark application to INAPI, providing detailed information about the trademark to be registered, including the name, logo (if applicable), and the class of goods or services according to the Nice Classification. - Formal Examination
INAPI will conduct a preliminary examination to verify that the application meets all formal requirements. This includes ensuring that all documentation is complete and the corresponding fee has been paid. - Publication in the Official Gazette
If the formal examination is favorable, the application will be published in Chile’s Official Gazette. This publication allows third parties to file oppositions if they believe the trademark may affect their rights. - Substantive Examination
After publication, INAPI will proceed with a substantive examination to assess the distinctiveness of the trademark and ensure it is not confusingly similar to other registered trademarks. - Registration and Final Fee Payment
If the application passes the substantive examination, you will be notified to pay the final registration fee. After this payment is made, INAPI will register the trademark in the Trademark Registry and issue a registration certificate. - Validity and Renewal
The trademark registration is valid for 10 years from the date of grant. It can be renewed for successive 10-year periods by filing a renewal application and paying the corresponding fee. - Opposition and Defense
During the process, if a third party files an opposition, you will have the opportunity to defend your application by submitting relevant arguments and evidence.
Additional Considerations
- Trademark Use: It is important to use the trademark in commerce as registered, as non-use could result in the cancellation of the registration.
- Legal Assistance: Having our legal assistance can facilitate the process and increase the chances of success.
This process can take several months, depending on whether there are oppositions or other factors that may delay the evaluation. If you need more information or assistance with a specific step, we recommend contacting us here.
