Do you need to file a new application, renew or modify your trademarks in Chile? You are in the right place.
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1. Law No. 20.435 amending Law No. 17.336 on Intellectual Property
2. Law No. 17.336 on Intellectual Property
3. Law No. 20.254 creating the National Industrial Property Institute
4. Law No. 19.039 on Industrial Property (Consolidated Text by Decree-Law No. 3)
5. Law No. 19.914 making the Legislation Indicated in Conformity with the United States-Chili Free Trade Agreement
6. Law No. 19.912 making the indicated Legislation in Conformity with the Agreements signed by Chile of the World Trade Organization
7. Law No. 18.834 on the Administrative Statute (Consolidated Text by Decree-Law No. 29)
• Regulations of Law No. 19.039 on Industrial Property (Decree No. 236) (2005)
• Approving the Regulation for the Application of Law No. 17.336 of October 2, 1970 on Intellectual Property (Decree No. 1.122)
WIPO, WTO, Patent Cooperation Treaty (PCT), paris convention , Brussels Convention , Nairobi Treaty, Trademark Law Treaty, Locarno Agreement and General Inter-American Convention for Trade Mark and Commercial Protection. Chile is associate member of the Andean Pact.
Requirements for Application:
1. Complete applicant identification, If the applicant is a corporation, it is required the information of the legal representative.
2. The trademark logo in .gif or jpg. Format (If the trademark is stylized -logo-) . If the colors are important then you should send the logo in color.
3. Accurate and complete indication of the products or services that you wish to protect with the trademark. An application can be filed for products and/or services. Multiclass registration is allowed in Chile.
4. The class according with the ninth edition of the Nice International Classifiaction http://www.wipo.int/classifications/nivilo/
5. The priority document issued by the competent autority, if you wish to claim trademark priorities.
6. A simple (non-official) translation to Spanish Language of the priority document.
7. the Power of Attorney. It is not necessary to be legalized before a Consulate, it is only necessary that The POA is signed by the legal representative of society, if this is the applicant, or the individual.
8. a certificate of incorporation or business certificate.
9. A simple (non – official) translation to Spanish language of the business certificate or certificate of incorporation.
Normally, the procedure takes between six months and more than one year depending on contingencies that may arise in it.
1. The registration process begins filing an application in the Chilean Trademark and Patent Office: INAPI
2. If the Chilean PTO do not have the correct information or lacks documents in the application to proceed with the process, It make a request for information which should be answered within a period of thirty labor days. if the application is not corrected then the application shall be rejected and will lose its priority.
3. After in about one month, the chilean PTO will make a preliminary formal examination and an examination of distinctiveness to verify if the application complies with the formal requirements.
4. Prior this examination, the trademark is published in the Chilean official Gazette.
5. During the publication stage it is possible to make objections. Third parties will have 30 labor days after publication date for presenting oppositions. If oppositions are made then the opposition procedure will start. If there are no oppositions the Chilean PTO will perform the final examination and decide whether the trademark is granted or denied.
6. After the objection period has passed (If there are no oppositions) the Chilean PTO will perform the final examination and decide whether the trademark is granted or denied according with the Chilean trademark law.
7. A trademark registration in Chile is valid for 10 years from the filing date The registration is renewable for periods of 10 years.
8. Reconsideration and appeal: Finally The Chilean PTO may grant or deny registration of new trademark. If deny, the applicant can file a reconsideration or an appeal in order to change the PTO decision.