To file a new trademark application in Chile, it is necessary to determine the goods and/or services to be protected by the new trademark. The 8th Edition of the Nice Classification is applicable in Chile.

The Chilean law does not have a registration of commercial names. Nevertheless, the trademark law allows the registration of trademarks to distinguish "commercial establishments" for the protection of the name of an establishment for the sale and purchase of products. The application must include a reference to the classes of products that are comprised in the trademark. In this class, trademarks are granted on a regional basis.

Chile is divided in 15 regions, being the V, VIII and the Metropolitan region the most populated and the most important in commercial and industrial activities. The government registration fees are applied per region comprised in the application, and as from December 1, 2005, also per class of products.

It is also possible to register as a trademark the name of an "industrial establishment", which grants protection to an establishment for the manufacture or production of goods. It is also necessary to specify the products to be manufactured indicating the class(es) number(s). The trademarks for industrial establishments are granted on national basis, and also as from December 1, 2005, the government registration fees are applied per class of products.

Trademarks may consist of words, numbers, devices (images, graphics, symbols, etc.) and the combination thereof.

In the case of trademarks that combine words and devices, or just devices, 10 (per class) samples of the respective trademark, in paper, not smaller than 5x5 cms. and not bigger than 20x20  cms., in its original colors are required.

Slogans may also be registered as trademarks, provided they include a trademark already registered for the respective good, services or establishment. Please note that slogans can only be registered as word marks.

Since December 1, 2005, the registration of sound marks is permitted. The application must include a graphic representation and an audible register.

Trademark applications must be filed together with a Power of Attorney, duly executed before a Notary Public and legalized by the competent Chilean Consul in the country of its execution.

One Power of Attorney form is sufficient to file any number of applications in the name of the same applicant, and enables us to represent the client in the filing and/or renewal of its trademarks, as well as to file oppositions.

Once an application has been filed, it is examined but only to check compliance with formalities, including the proper description and classification of goods and services. The term for the examination varies, but at present it takes about 30-60 days counted as from the application filing date. Once the examination process is concluded, and the objections, if any, have been waived, the Examiner allows the trademark for publication in the Official Gazette for possible oppositions by third parties. The term to file oppositions is 30 days counted as from the publication date.

Along with the oppositions, if any, the Head of the Trademark Department will notify any Official Action according to which the registration should be denied, including the existence of prior identical or similar trademark, the non registrability of the applied mark on grounds of being a generic, indicative or descriptive term, among other potential refusal grounds.

The oppositions and the Official Actions shall be responded within 30 days.

The final decision of the Head of the Trademark Department can be appealed by the applicant or the opponent within 15 days before a Court of Industrial Property (second instance court), and, provided strict legal requirements are met, the latter’s decision can be subject of a further recourse (recurso de casación en el fondo) before the Supreme Court.

The 15 and 30 days terms mentioned herein are working days and are counted only from Monday to Friday.

The duration of the registration proceeding varies. At present, it is about 4 months if no oppositions have been filed and around 1 to 2 years in case of having entered any.

Trademark registrations in Chile are valid for 10 years counted as from the registration date, and can be renewed for successive terms of 10 years.

According to the trademark regulations, it is possible to file multi-class applications within product classes or within service classes. We generally recommend not filing multiple-class applications so as to avoid the risk of holding up the registration procedure in any given class due to oppositions in other classes. Please bear in mind that always government and legal costs and fees are charged in connection with every class applied for.

In order to claim priority for an application, a certified copy of the corresponding home based application, translated into Spanish is required.

The priority document must be submitted to the Chilean Trademark Department within 90 days after the Chilean application date. This deadline is final and cannot be extended.