Q&A Trademark in Chile

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

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 cancellation of trademark registration in Indonesia is available. A trademark may be cancelled where:- The registered trademark conflict with the earlier trademark;
– The trademark consists the signs are undistinguishable such as the sign indicates the kind, quality, quantity, intended purpose or value of goods/services or other characteristics of goods or services.
– The marks that breach the copyright of another parties.
– The mark that are similar or identical with the well-known trademark;
– The mark that are similar or identical with the armorial bearings, flags and other state emblems;
– The mark that are conflict with the protected industrial design or geographical indication.
– The mark is generic;
– The mark is against the public policy or morality of the social.
– The mark that are deceive the public.

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

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.

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.

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

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

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

First to file is applied in Chile. It is required to register in order to obtain the protection of a trademark. However, using a trademark that is not registered is not illegal

The trademark registration will recognize the ownership of the applicant with the trademark. The owner of the registered trademark also has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark.

Contact AAA IPRIGHT: Email: info@aaaipright.com

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