Trademarks Law in Chile

29 May 2025 --
0 Comments

Trademark Law in Chile

1. Legal Framework

Trademark protection in Chile is governed by:

Law No. 19.039 on Industrial Property (amended by Law No. 21.355, effective May 2022)

Regulations under Decree No. 177/2001

Administered by the National Institute of Industrial Property (INAPI)

Chile is also a party to several international treaties, including:

Paris Convention for the Protection of Industrial Property

TRIPS Agreement (WTO)

Nice Agreement (for classification of goods/services)

Madrid Protocol – joined in July 2022, allowing international applications

2. What Can Be Registered as a Trademark?

The updated Chilean law allows registration of any sign capable of graphic representation and distinguishing goods or services, including:

Words, names, slogans, letters, numbers

Logos, designs, symbols

Colors, 3D shapes, sound marks

Trade dress (non-functional aspects of product packaging)

Holograms, movement marks, and position marks (as of Law 21.355)

3. Trademark Registration Process

Filing Authority: National Institute of Industrial Property (INAPI)

Steps:

Application Submission (online or in-person)

Formal Examination (to check for completeness)

Substantive Examination (distinctiveness, conflicts with earlier marks)

Publication in the Official Gazette

Opposition Period: 30 working days for third-party oppositions

Final Decision: INAPI registers the trademark if no valid opposition

4. Duration and Renewal

Protection lasts 10 years from the registration date

Renewable indefinitely for 10-year periods

Renewal can now be requested within 6 months before expiration or during a grace period of 6 months after expiration (with surcharge)

5. Rights Conferred

The registered owner has the exclusive right to:

Use the mark on registered goods/services

Prevent unauthorized or confusingly similar uses

License or assign the trademark

Oppose or cancel conflicting trademarks

6. Well-Known and Famous Trademarks

Chile provides strong protection for well-known trademarks, even if not registered, under national law and the Paris Convention.

INAPI can deny registration of confusingly similar marks if a well-known mark exists.

7. Infringement and Enforcement

Trademark infringement includes:

Unauthorized use of identical or confusingly similar marks

Counterfeiting

Use of marks in bad faith

Enforcement Options:

Civil litigation: injunctions, damages, destruction of infringing goods

Customs actions: suspension of counterfeit imports

Criminal prosecution: in cases of counterfeiting

8. International Protection

Chile joined the Madrid Protocol in 2022, so:

Applicants can now file an International Registration via WIPO designating Chile

Chilean trademark owners can also file abroad using the Madrid System

Summary

Feature	Details
Governing Law	Law No. 19.039 (updated by Law No. 21.355)
Registration Authority	INAPI (Instituto Nacional de Propiedad Industrial)
Protection Duration	10 years, renewable indefinitely
Madrid Protocol Member	✅ Yes (since 2022)
Opposition Period	30 working days after publication
Infringement Remedies	Civil, criminal, and customs enforcement