Chile trademark registration
You can submit any sign to represent your brand, but there are limits. In Chile, some types of submitted trademarks are not allowed.
In Chile, you can apply and own a registered trademark even if you’re a foreigner. You can use any sign that can include words, letters, numbers, drawings, and even color combinations. You submit your Chile trademark application to the Instituto Nacional de Propriedad Industrial, or INAPI.
However, the following cannot be registered as trademarks in Chile:
- Signs that are contrary to good behavior, morality, and public order. You can’t use vulgar, obscene, or violent words and images, including anything that incites violence or law-breaking.
- Protected geographical names and locations. There are certain types of products that use geographical locations, such as Darjeeling tea, which no company can sue exclusively.
- The color or shape of your products or containers. You can’t expect to be the only company allowed to use terms such as square, cube, or blue. These are generic terms that anyone can use.
- Signs that are graphically or phonetically similar to other registered trademarks. That means your trademark application cannot look or sound like the other trademarks that are already registered. This is especially not allowed if the similarity leads to confusion for consumers. For example, using the “Seiki” brand name for your wristwatch products may not be allowed, as it is too similar to the famous Seiko
- Signs that may be deceitful or erroneous regarding the quality, type, or the source of the product. You can’t include the word aluminum for your brand name, if your products actually only use regular stainless steel.
- Generic terms for certain kinds of products and services. You can’t expect to trademark terms such as Swiss cheese, red wine, or French fries, since these are commonly used terms already.
- Unauthorized reproductions of state emblems and signs. You won’t be able to use the royal coat of arms of the United Kingdom, for example.
- Unauthorized use of someone else’s name, pen name, or picture. You need to get that person’s consent first, or the consent of the heirs if that person is deceased. You can use a celebrity’s name, but only after 50 years have elapsed since that person’s death. Your registration must also take care not to besmirch that person’s honor.
The trademark office in Chile will closely examine your trademark application to make sure that your brand name and logo do not go against these rules. If the INAPI finds anything objectionable in your application, you’ll be notified as to what changes are required. You then have 30 days to file the necessary corrections. If you’re not able to do this before the deadline, INAPI will assize that you’ve abandoned your trademark application.
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