Chile Trade Mark Guide
Registration
A trade mark can be registered in Chile pursuant to Law No, 19.039 on Industrial Property (Consolidated as 2012) revised by Law No. 19.996 and amended by Law No. 20.160 which provide for local trade mark applications.
The following information and documentation is required:
- name of the trade mark
- one copy of the mark (unless mark is word only)
- class(es) and specification of goods and/or services
- applicant’s name and address
- Power of Attorney
- certified copy of priority document (if priority is claimed)
It usually takes about 6-8 months for the National Director at the National Institute of Industrial Property in the Ministry of Economy to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Director will issue a Certificate of Registration.
Classes
The International Classification system is used. Multi-class applications are allowed.
Searches
In order to conduct a search the only documentation required is the name of the trade mark and one copy of the mark (unless mark is word only). The result can usually be provided within two weeks.
Renewal
A trade mark registration is valid for 10 years after which it can be renewed for like periods. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the registration is to be renewed the only documentation required is a Power of Attorney.
The application for renewal should be filed prior to the expiration date of the registration. A grace period of six months, however, is allowed from the expiration date for the filing of the application for renewal upon payment of a late feel except for sound, collective and certification marks where the grace period is 30 days. After that time a new application for registration is required.
It usually takes about one month for the Director to process an application for renewal. Once the renewal is complete the Registrar will issue a Notice of Renewal.
If you do not wish to renew the mark please inform us so that we can advise the Director accordingly.
Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise the Director accordingly. This will avoid us sending out unnecessary Reminder Notices.
Assignment
Please inform us as soon as possible if the trade mark has been assigned so that we can file an application to record the assignment in Chile.
To record the assignment of a trade mark registration the only documentation required is the Deed of Assignment (notarised) and a Power of Attorney.
It usually takes two months or less for the Director to process an application to record an assignment. Once the recording is complete the Director will issue a Certificate of Recording of Assignment.
Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Chile.
To record a change of name for a trade mark registration the only documentation required is the document evidencing the change (notarised) and a Power of Attorney. To record a change of address for a trade mark registration no documentation other than the new address is required.
It usually takes two months or less for the Director to process an application to record a Change of Particulars. Once the recording is complete for a change of name the Director will issue a Certificate of Registration showing the change. No certificate is issued for a change of address.
Contact
E-mail: ip@hsmoffice.com
Tel: +1 (345) 949-4766
Mail:
PO Box 31726, Grand Cayman KY1-1207
Cayman Islands
Courier:
HSM, 68 Fort Street, George Town
Grand Cayman, Cayman Islands
MEMBERSHIPS
The firm is a member of INTA, CITMA, AIPLA and IPCA