When you start a business, you must follow these steps to register a trademark in Chile. By doing so, you protect your name, logo, products, or services from third parties who might want to use the same or similar ones. At Hispanos Emprendedores Concepción, we explain how to complete this process.
Advantages of registering your brand in Chile
Registering a trademark is done with the aim of protecting it. Registration lasts ten years, renewable indefinitely.
By carrying out this process, the owner has the right to the exclusive use of goods and services. Being able to take legal action in the event that a third party uses symbols that are the same or similar to yours, falsify products or use the brand without authorization.
If you have a business idea in Chile, you create your company with its name and logo. If you don't register them, someone else can do it for you. In other words, you won't have rights to these symbols until you register them with the National Institute of Industrial Property (INAPI).
But you can not only register the name and logo. You can also do it with products and services, commercial establishments, advertising phrases, etc.
The owner of the rights of a trademark may object to another registering a similar one to his before the INAPI. And if you have managed to register it, you can request the cancellation. On the other hand, it is also in the capacity to authorize third parties to use its brand.
Types of marks
To register a trademark in Chile you have to understand that you first have to know the types of application forms in Chile. In total there are seven of them:
- Product brands. Provides protection on one or more products.
- Of service. They are applied to distinguish the business origin of one or more services.
- Business establishments. Protects the name of the company where the product is sold or the service is provided. It has the particularity to only apply in the region where it was requested.
- Industrial establishments. In this case, protect the name of the company that produces one or more products.
- Propaganda phrases. It is aimed at protecting a phrase or expression that accompanies a trademark.
- Collective mark. This distinguishes the origin, mode of manufacture or material of goods or services that are produced or provided by members of an association.
- Certification mark. It is applied to indicate that a certain product or service meets pre-established standards.
Steps to register a trademark in Chile
According to INAPI , trademark registration is carried out in three stages : filing the application and the formal examination; processing the publication of the extract in the Official Gazette; and the substantive examination.
The process can be done by any natural or legal person, national or foreign, who is capable of representing the brand. To start the registration process, you must have a unique password from the Civil Registry and Identification Service (SRCeI). On the other hand, if you are not the owner of the trademark, you must have a legal power that accredits you as a representative.
There are two ways in which you can register:
Online : Once you have all the requirements, go to the INAPI website and register. With your username and password, you can access the system. Select “New Application,” fill in the required information, and attach the indicated documents. In this case, payment of fees must be made electronically.
In person : You must go to the INAPI office during business hours. Bring the required documents, including the typed application form. Payment of fees is made at a bank.
Now we explain how to register a trademark in Chile step by step.
- Consult the trademark registry
The first step, before starting the process, is to verify that there is no brand that is the same or similar to the one you want to register. You do this in the INAPI website database.
It's important to verify this information to save time during the process. If the trademark already exists, the institute will reject your application. Check the trademark registry at any time of year.
- Submit the application
When you are sure there is no similar trademark registered, submit the application form. You must choose well the type of mark that you are going to register. It is at this time when you must present all the requirements, including the corresponding payment to start the process.
- Application review
INAPI will take care of this step. This is where you will do the formal examination of the application, which will have three possible results: accepted, observed or rejected.
If they accept it, the publication of the extract in the Official Gazette must be processed within 20 days. If it is observed, it means that there is an error or omission that must be corrected. If it is rejected, the decision can be appealed.
- Final resolution
After publication in the Official Gazette there is a period of 30 business days during which someone can object to the registration. Then comes the final resolution by the institute, where the brand is accepted or rejected.
From the notification that it has been accepted, the holder has 60 days to pay the definitive rights.
In addition to following the steps to register a trademark, you must comply with the payments and lapses in the different stages of the process. Otherwise you will have problems to get the rights. Do you want to know more about the processes to follow to carry out your project? Contact us and we will provide advice.
Trademark registration costs update:
Registering a trademark in Chile is an essential process to protect the name or logo of your company or product. Here is a detailed update to the article, including a breakdown of the costs involved in registering a trademark in Chile for the year 2023.
INAPI rates:
The National Institute of Industrial Property (INAPI) plays a crucial role in the trademark registration process. INAPI charges 3 Monthly Tax Units (UTM) for each class in which you wish to register the trademark. This cost is divided into two parts: 1 UTM at the time of requesting the trademark and 2 additional UTM once INAPI grants the trademark.
Cost per Class:
The total cost is divided into two main stages. First, there is a cost associated with submitting the application, and second, a cost for the type of trademark requested. This is equivalent to 1 UTM and 2 UTM respectively for each class you wish to register.
Additional Costs for Additional Classes:
There are additional costs associated with registering additional classes of products or services. The costs are $500.000 CLP for the first class and $450.000 CLP for each additional class. Once the brand is accepted, there is a final cost of $400.000 CLP for the first class and $350.000 CLP for each additional class.
UTM variability:
It is important to consider that the value of the UTM may vary. According to various sources, the value of 1 UTM in 2023 ranges between 63.263 CLP and 63.515 CLP.
Cost Calculation Example:
- For the first class:
- Cost when requesting the trademark at INAPI: Between 63.263 CLP and 63.515 CLP.
- Additional cost when INAPI grants the trademark: Between 126.526 CLP and 127.030 CLP.
- Total cost for the first class: Between 189.789 CLP and 190.545 CLP.
- For each additional class:
- Cost to apply: $450.00.
- Cost to grant: $350.00.
- Total cost per additional class: $800.00.
This cost breakdown provides a clear overview of the fees involved in registering a trademark in Chile, allowing entrepreneurs and businesses to plan and budget appropriately for this essential brand protection process. Those interested can check the status of their applications and complete various related procedures online through platforms such as INAPI and ChileAtiende.
