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 Chile Trademark Registration - Chile Trademark Filing
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Chile Trademark Registration - Chile Trademark Filing  |
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Our Trademark Attorneys in Chile will assist you throughout the Trademark Registration Process outlined below. Please notice that each step can be ordered independently:
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| Basic Facts |
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1. Is registration of a trademark mandatory?
Register is not compulsory, but it is advisable. Otherwise the legal benefits of registration may not be available. The registered trademark represents to its owner an exclusive and excluding property right, which may use, enjoy and sell, as long as it is not against others rights. An unregistered mark is just a property right expectation.
2. Which Intellectual Property rights are registrable?
Any sign or symbol, innovative, distinctive, capable of graphical representation and which serves to distinguish products, services or industrial or commercial establishments, is registrable as a trademark. Propaganda or publicity phrases may also be registrable, provided that they are related to a registered trademark for the products, services or industrial or commercial establishment for which it will be used, and the phrase must necessarily contain the trademark that will be advertising.
3. Comercial establishments are registered as such, through the same process that trademarks, except that for them is imperative that the housemark is registered first, for example: Coca Cola is housemark. they are also registered by region and class. The official fee is paid for each desired region and class . The registration expires when the housemark expires.
Comercial establishments can be registered as a trademark in classes 35 to 45, depending on the services they will protect. Furthermore, if such establishment is located in Chile, it can be registered as a Trade Name, following the rules established for the granting of a mark, but limiting its use only to the area of effective exploitation of the distinctive emblem in the country, that is central, southeast, southwest, etc.
4. Is there any advantage in using a trademark before filing an application?
Use is important in some specific cases. Use within the Chilean territory can give distinctiveness to generic or descriptive terms, through its use in the commerce. Rights to a mark are acquired mainly through registration, and the first applicant is normally entitled to registration.
5. How long does the registration process take?
In the absence of objections and oppositions, the registration process takes approximately 10 months.
6. Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?
Use of a trademark after registration is not required to maintain or renew a registration.
7. In the case of a registered mixed trademark (word + logo), is it possible to include in the logo, different or additional words from those mentioned in the word mark?
In the proposed case, form the law point of view the verbal element (words) has no legal protection, due to the fact that the mark should be used as it is registered. However, there are legal means to assert rights for a non registered mark, but they involve much more complicated defense processes.
8. How can I know which is the due date for the renewal of a registered trademark?
The term/renewal date of a registration is 10 years from the application date.
9. When should I pay the renewal fee of my registered trademark?
A renewal can be filed time prior the trademark expiration date.
10. Is it possible to pay the renewal fee of a patent after the renewal due date has expired? If so, when should I pay?
A renewal must be filed before the renewal date or within 30 days following the expiration date. There is no fine for late filing of the renewal application. However, there is a fine for late payment of the renewal.
11. What documents are required for filing a trademark or renewal application?
The following documentation is required for renewal: power of attorney, as well as the indication of the specific products or services, mentioning the International class or classes they belong to.
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Trademark Registration in Chile
