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Trademark registration in Chile

The country of Chile has a stable macroeconomy with low levels of inflation and steady economic growth. Prudent monetary and fiscal policy has helped Chile maintain economic stability for decades. Chile has rich reserves of natural resources, including copper, lithium, and other minerals. Especially today, when the world always needs to import natural resources to serve, Chile has rich reserves of natural resources, including copper, lithium and other minerals. So, the high demand for natural resources in the world gives Chile the opportunity to export these products and attract foreign investment. In addition, the Chilean government always creates a favorable business environment and prescribes new policies to reform, simplify administrative procedures and reduce the tax burden for businesses. To be able to develop their brand here, businesses need to pay attention to trademark registration to distinguish their brand from other competitors. Viet An Law would like to guide customers preliminarily through the procedure for trademark registration in Chile through the following article.

Trademark Protection

Legal basis

  • Law No. 19.039 of March 6, 2006 on Industrial Property (General Law approved pursuant to Law Ordinance No. 4 of June 30, 2022, including amendments to Law No. 21.355 of July 5, 2021);
  • Other relevant legal documents.

General overview of “trademarks” in Chile

A trademark in Chile is defined as: “Any mark, or combination of marks, that may be represented by images and used, or intended to be used, by an individual in a commercial or industrial activity to distinguish their goods or services from those of others.” 

This definition is similar to the definition of trademark in many other countries. In general, a trademark must meet the following conditions:

  • Distinguishability: A trademark must be able to distinguish one person’s goods or services from others.
  • Visual representation: A trademark must be visually representable (for example, as a logo, word, or symbol).
  • Used (or intended to be used): The trademark must be used, or intended to be used, in commercial activity.

Trademark dossier in Chile

To register a trademark in Chile, the applicant needs to prepare a complete dossier including the following documents:

Application Form

Applicants can download the application form online from the website of the National Institute of Industrial Property (INAPI) (Spanish). The application form requires filling in information such as the name, address, nationality of the applicant individual or business, a detailed description of the trademark to be registered, including a list of products or services related to the trademark.

A copy of a valid passport or ID

If the applicant is an individual, a copy of a valid passport or identification document should be submitted. If the applicant is a business, a copy of the business license or equivalent document should be submitted.

Symbols/images of trademarks

Submit 10 copies of the logo/trademark image you wish to register. The logo should be of good quality, clear and the size required by INAPI (check the INAPI website for details).

Proof of payment

The trademark registration fee depends on the number of groups of goods or services listed in the application.

Preferred evidence (if applicable)

If the applicant has previously filed a similar trademark application abroad, the applicant may submit evidence of preference for priority interest under the Paris Treaty on Intellectual Property.

Fees for filing a trademark application in Chile

The fee for trademark registration in Chile consists of two main parts:

Initial application fee:

  • This fee is paid when you file a trademark application.
  • The fee depends on the number of groups of goods or services you want the trademark to include.
  • Specifically: 1 UTM (Unidad Tributaria Mensual) for each group of goods or services.

Disclosure fee

This fee is paid after the trademark is approved for publication in the Official Gazette.

The fee also depends on the number of groups of goods or services: 3 UTM per group of goods or services.

How to file for trademark registration in Chile

To file for trademark protection in Chile, you can file using the following filing methods:

  • Direct Submission: You can go directly to  the National Institute of Industrial Property of Chile (INAPI) at Avenue Libertador Bernardo O’Higgins 194, piso 1 Santiago to submit your application and related documents.
  • By Post or Email, Fax: You can send your application and all required documents via postal service or courier service to the address of the National Institute of Industrial Property of Chile (INAPI) at Avenue Libertador Bernardo O’Higgins 194, piso 1 Santiago.
  • Submit online via website:

https://tramites.inapi.cl/Account/Login?ReturnUrl=%2FTrademark%2FTrademarkApplication%2FIndexTrademark When applying online, you should pay attention to the payment of the relevant fee in accordance with the guidelines of the National Institute of Industrial Property of Chile.

Process of Trademark Application Processing in Chile

After filing, the trademark registration process will take about 10 months.

Formal appraisal

INAPI will check that the application is complete and meets the form requirements. This process usually takes about 1 month.

Publication of application

If the application is valid, INAPI will publish the application in the Official Gazette of Chile. The purpose of the publication is to allow third parties to object to the application. The time limit for objection is 3 months from the date of publication.

Content appraisal

INAPI will consider whether the trademark meets the requirements for distinguishability, does not infringe the intellectual property rights of third parties. This process usually takes about 9 months.

Decision making

After considering all factors, INAPI will make a decision to accept or reject the application. If the application is approved, INAPI will issue a Trademark Registration Certificate.

Trademark registration in Chile through the Madrid system

The Madrid System is an international system that allows trademark owners to apply for trademark protection in multiple countries with a single application. Chile’s participation in the Madrid System brings many benefits to businesses and individuals in the country, including:

Save cost and time

  • It is only necessary to submit a single application instead of filing separately for each country.
  • Pay a single fee instead of multiple per country.
  • The registration process is simpler and quicker.

Market expansion

  • Trademark protection in many countries is a simple procedure.
  • Access international markets quickly and efficiently.
  • Enhance competitiveness in the international market.

Easy trademark management

  • Updating trademark information only needs to be done once for all participating countries.
  • Renewal of trademark protection only needs to be done once for all participating countries.
  • Minimize the risk of trademark infringement.

Enhance credibility

  • Trademark protection in many countries enhances the reputation and brand of enterprises.
  • Build trust for international customers.

Trademark registration dossier under the Madrid System

The Madrid Singles consist of the Madrid Singles of Vietnamese origin and the Madrid Applications with Chilean designations.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

  • Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
  • 02 MM2 declarations according to the form of the International Office in English or French;
  • 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
  • 02 MM18 declarations in English (if the application has a US designation);
  • Written authorization in Vietnamese (According to the form of Viet An Law Firm);
  • Documents of payment of fees for international registration of trademarks of Vietnamese origin;
  • Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

  • Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
  • Additional fees depend on where the claimant wishes to protect his trademark and the number of groups of goods and services he or she wishes to register. To expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

Trademark registration service in Chile of Viet An Law Firm

  • Search and notify customers in writing the results of the trademark search in Chile;
  • Drafting documents and directly submitting and monitoring the status of trademark filings in Chile on behalf of trademark owners;
  • Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Chile;
  • Support follow-up, representative resolution of objections and feedback with intellectual property representatives carrying out procedures in Chile.
  • Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Chile, please contact Viet An Law Firm for the most effective support.

Disclaimer: This article was last updated in April 2024. Laws may have changed since then. Please contact Viet An Law to confirm the information in this article is current and for any legal assistance.

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