Chile Trademark Law: What legal notes to Chile trademark certificate.

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.

What are 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 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 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.

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

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