1、 Introduction to Chilean Trademarks
1. Chile accepts registration applications for commodity trademarks, service trademarks, series trademarks, joint trademarks, certification trademarks, collective trademarks, defense trademarks, and color trademarks. Commercial slogans and advertising language can also be registered when associated with or used together with registered trademarks of products or enterprises. Industrial or distribution enterprise names can also be registered as trademarks, and the acquisition of trademark registration rights is based on the principle of prior application.
2. Chilean trademark registration adopts the International Classification of Goods and Services for trademark registration.
3. Chile is a member of the Paris Convention for the Protection of Industrial Property and the World Intellectual Property Organization.
2、 Required documents for Chilean trademark application
1. Apply as a legal entity, with one copy of the Business License or valid registration certificate stamped with the official seal; Apply as a natural person with one copy of personal identification document attached;
2. The applicant's detailed information (in both Chinese and English), including name or title, nature, nationality, as well as detailed address, postal code, and contact information;
3. Electronic trademark samples;
4. Product name and category;
5. The power of attorney must be notarized after being signed; If the applicant is outside Chile, they also need to be authenticated by the Chilean consulate in the local area; Applications submitted in languages other than Spanish must be accompanied by a Spanish translation. Informal translations can also be accepted by the Trademark Registration Office.
3、 Chilean Trademark Application Registration and Procedure
1. Applicant qualifications: Anyone with a legitimate interest in the applied trademark can apply for trademark registration, including domestic and foreign legal persons, natural persons, and social organizations.
2. Application process (smooth progress):
(1) Formal examination: the legality examination of the submitted application documents, trademark designs, power of attorney and other documents after the application is submitted; Those who meet the requirements will be granted the application date and application number.
(2) Substantive examination: Based on the law, examine whether the trademark has registrability, whether it is the same or similar to a previously registered trademark, and whether it violates the prohibition clause of the Trademark Law. For trademarks that fail substantive examination, the examiner will notify the applicant in writing and inform them of the reasons for rejection. The applicant may submit a re examination within the time limit from the date of receiving the rejection notice. Otherwise, the application will be deemed abandoned, and the application date and number will not be retained.
(3) Chilean Trademark Announcement: After examination, if the examiner considers the trademark application acceptable, the announcement will be published in the official Chilean trademark announcement. The objection period is one month from the date of announcement.
(4) Registration approval: Trademarks that have been ruled to be eligible for registration after opposition, or trademarks that have been published without opposition, will be approved for registration and a registration certificate will be issued. The entire smooth application process (if there are no rejections, objections, etc.) will take approximately 12-18 months.
3. Chilean Trademark Validity Period: The trademark registration is valid for 10 years and can be renewed. The renewal period is 10 years. The application for trademark renewal must be submitted 30 working days before or after the expiration of the trademark registration validity period. The renewal application documents include a notarized power of attorney, and if the trademark is a graphic design, six practical labels need to be provided at the same time. After the trademark renewal application is approved, the trademark registration number and registration date will be updated.
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