Procedure of trademark renewal in Chile

When your trademark registration is about to expire, you must do a few crucial things in order to renew it. Below is some useful facts that will help you gain a better knowledge of Chile’s timeline in renewing trademark.

Timeline

A trade mark registration is valid for 10 years with a possibility to renew every 10-year periods.

An Expiry Notice will be sent to you two months before the renewal date, asking whether you want to renew the registration or let the mark lapse or not. The only documents required to renew the registration is a Power of Attorney.

The application for renewal must be submitted prior to the registration’s expiration date. Except for sound, collective, and certification and warranty trademarks; the timeframe for renewing trademark registrations in Chile is extended to 6 months before and up to 6 months after the renewal due date. These exceptions maintain the deadline to request the renewal up to 30 working days after its expiration according to the Industrial Property Law (IPL). After that, a new registration application is required.

It usually takes about one month for the Director to process an application for renewal. The Registrar will provide a Notice of Renewal after the renewal is complete.

Cost for trademark renewal

The maximum time to pay and accredit the renewal fees is 6 months. This period shall always be computed as from the due date of the registration being renewed.

According to the IPL, the payment made within six months after the expiration of the registration will be subject to a surcharge of 20 percent for each month or fraction of a month.

New thing to notice!

A new system is designed to allow the payment and accreditation of the renewal fees at the time of filing the renewal application. Prior to this amendment, renewal fees had to be paid at the time the renewal was accepted.

With the new regulation in force, it is now possible to avoid paying higher surcharges and even the expiration of the current registrations since the six-month term is established to file the application and pay the respective fees.