Protect and Differentiate Your Products. Learn How to Register a Trademark in Chile Quickly and Easily.
You may have noticed the small circle with an ‘R’ next to a brand name, indicating that it is registered. However, many entrepreneurs are unaware of how to register a trademark in Chile and overlook the value this process can add to their projects.
In 2023, following an update to the application processing system, the National Institute of Intellectual Property (INAPI) accepted the registration of 33,231 new trademarks—the highest number in years. This reflects the increasing importance many companies place on the legal validity of their trademarks.
If you haven’t yet registered your trademark in Chile and want to enjoy the benefits of this legal recognition, read on.
Why and Where to Register a Trademark in Chile
INAPI, the agency responsible for trademark registration, recognizes any sign that distinguishes your products or services in the market as a commercial trademark. Your trademark doesn’t have to be just a word; it can consist of a phrase or even a visual symbol.
The public recognition of your brand is essential, but there is also an institutional aspect you shouldn’t ignore, as it helps you establish and differentiate yourself in the market. Once your trademark is registered with INAPI, it gains legal recognition, granting you several benefits and rights.
Advantages of Registering Your Trademark
Before learning how to register a trademark in Chile, you might wonder what you stand to gain from this process. Registered trademarks in Chile enjoy legal status, which provides several benefits:
- Exclusive Rights: Registration grants you the exclusive right to use that trademark in Chile. This way, you won’t risk other similar projects capitalizing on the recognition your product or service has achieved.
- Legal Protection: You’ll have legal protection against copies and can prevent others from using a similar or identical trademark.
- Brand Consolidation: As others cannot use similar trademarks, your brand will solidify its unique recognition in the market, allowing you to differentiate and connect more closely with your audience.
- Registered Trademark Sign: The ‘R’ next to your trademark confers a unique validity and strong authority within your industry in the eyes of the public.
You can access all of these benefits through a relatively straightforward process, so don’t miss out!
Steps to Register a Trademark in Chile
The procedure for trademark registration is governed by Law 19.039 on Industrial Property and Law 20.254. To know where to register a trademark in Chile, what paperwork you need, and how to proceed, follow these steps:
- Submit Application: Through the INAPI website, submit a form requesting protection for the sign identifying your trademark, categorizing it according to the type of product or service you offer. At this stage, you will need to pay an initial registration fee of 1 UTM.
- Form Examination: INAPI will conduct a thorough review of your application to determine if it meets all legal and formal requirements.
- Publication: If your application passes the form examination, it will be published in the official journal within a maximum of 20 days. This publication allows others the opportunity to appeal, arguing that your trademark is invalid or not registrable.
- Substantive Examination: After 30 days from publication, and considering any appeals from third parties, INAPI will evaluate whether your trademark can be legally recognized without dispute.
- Final Resolution: After the substantive examination, the Director of INAPI will decide whether to grant official registration for your trademark. If your application is rejected, you can appeal to the Intellectual Property Tribunal.
- Final Fee Payment: If your application is approved, you will have 60 days to pay the final registration fee, equivalent to 2 UTM.
- Official Registration: Once this payment is confirmed, INAPI will issue a resolution indicating the approval of your registration for 10 years.
On average, trademark applications take between 6 to 9 months to process, depending on whether any appeals arise from third parties.
While you now know how to register a trademark in Chile, you may still question the benefits. Registered trademarks provide legal status that delivers critical advantages, including exclusive rights, legal protection, and enhanced brand recognition.
If you are looking to protect and differentiate your products, registering your trademark is a crucial step in solidifying your business’s presence in the market. Don’t hesitate to begin the registration process and enjoy the numerous benefits that come with it!
