FAQs

The trademark registration may be recorded on customs data, but it is not automatically mechanism. The owner of Trademark must file the request to Customs authority of Chile for assistance with enforcement of trademarks

The grace period is 30 days from the expire date of the trademark registration. Power of attorney and specimens of the mark are required for renewing the trademark in Chile

A trademark should be protected in Chile for ten years starting from the registration date

The trademark will not be cancelled or revoked based on the ground of non-use in Chile. Currently, there is no use requirement

After getting trademark registration, the owner of trademark has the right to defence the trademark against the infringement action, unfair competition, unlawfully use of the trademark or have the right to license or transfer the trademark registration to another party.

Any parties have the right to file the opposition against an applied trademark before it has been granted the protection.

Proof of use is not compulsory, but it may be required in case the applicant would like to prove the distinctiveness or for overcoming an objection on the ground of non-distinctiveness.

Chile is the member of Paris Convention, Trademark Law Treaty and Nairobi Treaty

It is not mandatory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in Chile

Marks may be a word alone or a combination of words, numbers and/or symbols, drawings alone, a combination of the two aforementioned and sounds which can be used to distinguish products, services, or commercial or industrial establishments in the market