The following articles shall comprehensively guide to register trademark in Chile which the trademark applicant should note prior to officially filing Chile trademark.
| QUESTIONS | ANSWERS |
| What is trademark rights in CHILE: first to file or first to use? | 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 |
| What is advantage of trademark registration in CHILE? | 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. |
| Definition of trademark in CHILE (i.e. What can be a trademark in CHILE)? | Marks may be a words 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 |
| Do we need to conduct trademark search in CHILE before officially filing trademark in CHILE? and Why? | It is not mandatory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in Chile |
| What international treaties CHILE is a member? | Chile is the member of Paris Convention, Trademark Law Treaty and Nairobi Treaty |
| When is opposition to trademark application in CHILE? | Any parties have the right to file the opposition against an applied trademark before it has been granted the protection. |
| Do we need Proof of use for trademark in CHILE? | 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. |
| What rights do owners of trademark have after getting trademark registration in CHILE? | 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. |
| What is term of trademark in CHILE? | A trademark should be protected in Chile for ten years starting from the registration date |
| What is use requirement after trademark registration in CHILE?
What actions could be considered as use of trademark in CHILE?
Could we stop validity of trademark registration certificate based on non-use for a period of time?
How many years of non-use? |
The trademark will not be cancelled or revoked based on the ground of non-use in Chile. Currently, there is no use requirement |
| Is cancellation of trademark registration in CHILE available?
What is the foundations for such cancellation? |
The cancellation of trademark registration in Indonesia is available. A trademark may be cancelled where:
– The mark is against the public policy or morality of the social. – The trademark consists the signs are indistinguible such as the sign indicates the kind, quality, quantity, intended purpose or value of goods/services or other characteristics of goods or services. – The mark that are similar or identical with the armorial bearings, flags and other state emblems. |
| What is required documents for renewal trademark in CHILE?
Is grace period after renewal date allowed? |
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 |
| Is customs record of trademark registration available 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 |