Frequently Asked Questions
A trademark can be any sign to distinguish goods or services, and that can be represented graphically, providing legal protection for it. In simple words, a trademark is a registered brand.
There are word marks, which consist only in alphanumerical character, with or without meaning. Also figurative marks, which consist only of figures, images, combinations of colors, etc., but without words, letters or numbers. Finally, there are the mixed type of trademarks, which consist of a combination of both (words and a logo)
It's a internationally agreed way of classifying all products and services that can be protected by a trademark. There are 45 classes: number 1 to 34 correspond to products, and from 35 to 45 correspond to services. If you don't know to which class your brand belongs, we can assist you.
They register before the National Institute of Industrial Property (INAPI, for the initials in Spanish)
It's considered an essential step, for it investigates if the applicant trademark complies with the requirements demanded by law, and if it could arise objections from INAPI or opposition from third parties.
A trademark registration, without any setbacks lasts between 4 and 6 months. However, if there are oppositions or objections, it can last more than 2 years. That's why the registrability report it's so important, to foresee and prevent objections and oppositions.
No, this is a wrong concept. Industrial Property Law parameter is that a trademark shall not be "confusingly similar" no another one previously registered, not just identical. Also, it must comply with the rest of the criteria to be registrable.
It means that we don't charge the total fee for trademark registration beforehand, but only depending of a succesful registration, when your trademark is granted registration. This guarantees that we're as interested as you are in registering your trademark in a fast and efficient way.
From the moment is granted, it is valid for 10 years, subject to indefinite renewals for the same term.
Filing of the application, formal examination, publication in the Official Gazzete, possible objections and third party oppositions, and finally granting of the trademark. To avoid objections and oppositions, it is fundamental to conduct a registrability report before applying for the trademark.
It consists in the weekly review of the Official Gazzete, to check if there is a trademark application that's confusingly similar to the client's, so proper legal action can be taken to continue protecting your trademark once it's registered.
No, you can register it as a natural person. If afterwards you create a partnership or company, you can transfer the trademark to it.
For any defect in formalities, through a form objection, or for it being non-registrable, indicated by a substance objection or opposition.
INAPI does not require representation by an attorney to file a trademark application. However, it is highly recommended, given that it's done by an specialized attorney. Registration succeed rate without legal assistance is significantly lower than those filed by a legal service.
INAPI ruling can be appealed before the Industrial Property Court (TDPI, for the initials in Spanish), within 15 working days following the ruling. In such case, it is mandatory to appear represented by an attorney.
Yes, but you must have a representative in Chile. We provide the service of representing you to that effect.
In that case you can communicate with us through any of the means that we put at your disposal in the contact us, and soon will solve any doubt you may have.
Those are the objections that INAPI can dictate over a trademark application, indicating that the trademark would be non-registrable according to the industrial property law grounds. If they're not responded within the legal term, INAPI will reject the trademark application.
Those are the objections that INAPI can dictate over a trademark application, indicating that a formal defect has been found in the application. If they are not corrected within the legal term, INAPI will reject the trademark application.
Both formal and substance objections have a term of 30 working days to be responded.
If formal defects are not corrected, or substance objections are not properly responded, INAPI will simply reject your trademark application.
INAPI doesn't require attorney representation to respond to objections. However, it is very highly recommended, because an unsatisfactory answer will mean the rejection of the trademark application, specially regarding substance objections, which refer to legal grounds for non-registrability.
There's many of them in the industrial property law, but three are the most common: The applicant trademark being confusingly similar to another one already registered or previously applied; the lack of disctinctive elements in the trademark, and; being the trademark misleading in respect of the origin or quality of the goods or services.
In that case you can communicate with us through any of the means that we put at your disposal in the contact us, and soon will solve any doubt you may have.
It's a special distinction granted by INAPI, to those trademarks that comply with certain requirements regarding their procedence and/or elaboration, that attest that the product possesses unique qualities that make it remarkable.
For determining that first is mandatory that the product is bound to a specifical geographycal area, and also for it to comply to certain requisites depending on the type of Seal of Origin to be requested.
INAPI reckons four types: >Geographycal Indication, Appellation of Origin, Collective Mark, and Certification Mark.
Yes, for the non-registrable grounds contained in the industrial property law, and also depending if the trademark application complies with the specific requirements for the Seal of Origin you apply to.
Besides the unmatchable distinction it provides, it also gives display advantages. In fact, in the very INAPI website there is a catalogue exclusively dedicated to the diffussion of trademarks with Seal of Origin that exist in Chile.
It means that we don't charge the total fee for trademark registration beforehand, but only depending of a succesful registration, when your trademark is granted registration. This guarantees that we're as interested as you are in registering your trademark in a fast and efficient way.
In that case you can communicate with us through any of the means that we put at your disposal in the contact us, and soon will solve any doubt you may have.
Opposition is the act of a third party that opposes to a trademark application, on the grounds that it is allegedly non-registrable according to the law, normally invoking confusing similarity with a trademark the third party owns. This opposition must be responded by an attorney.
In this case, INAPI will resolve having considered only the reasoning and evidence provided by the opponent, which is a very unfavorable scenario.
All oppositions and objections must be responded jointly, so oppositions can be rejected, objections reconsidered, and the trademark application be granted for registration.
Yes, and all must be responded jointly, for which the representation of a lawwyer is required.
You can still appeal the decision before the Industrial Property Court (TDPI, for the initials in Spanish). Appeal must be filed within the fatal term of 15 working days, represented by an attorney.
In that case you can communicate with us through any of the means that we put at your disposal in the contact us, and soon will solve any doubt you may have.
The use of a brand or image identical or confusingly similar to another, and therefore susceptible of causing confusion among consumers, divert costumers, and in general cause dilution and damages to the reputation of the imitated brand.
For example, the registration of a domain name confusingly similar to your brand; the printing of the brand in ads or products; the trademark application before INAPI; or in general any other kind of use in the commercial traffic or legal procedures.
Yes, you can protect it even if it's not registered, but it makes the process way more complex. If this is your case, it is recommended that you register your brand as soon as possible.
You run the rist of the offender to end up disputing your brand. If he registers it first, he could eventually even force you to stop using it, because he was more diligent in protecting intellectual property.
Yes. Unauthorized use is an act of unfair competition, a violation of industrial property law, and a breach of consumer protection law. You can request compensation for the damages you've suffered.
Best way to start is registering your brand. Keep in mind that the cost of protecting yourself against unauthorized use is way more simple if you hold a trademark.
In that case you can communicate with us through any of the means that we put at your disposal in the contact us, and soon will solve any doubt you may have.
