Registering Trademarks and Patents in Chile

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Chile’s industrial property law was substantially updated in 2021, and the country has joined the Madrid system, which makes it easier for foreign brand owners to protect their marks. Rights remain territorial and follow a first-to-file approach.

1. Trademarks

• Authority: the National Institute of Industrial Property (INAPI).
• Routes: a national application (multi-class filings are possible) or an international registration designating Chile under the Madrid Protocol.
• Procedure: formal review, publication in the Official Gazette, a 30 business-day opposition period and substantive examination. Uncontested applications are often registered within about six months.
• Term: 10 years from registration, renewable.
• Use: the 2021 reform introduced cancellation for non-use, so keep evidence of genuine use in Chile.

2. Patents and utility models

• Patents: 20 years from filing, with possible supplementary protection for unjustified administrative delays.
• Utility models: 10 years from filing.
• Routes: national filing, Paris Convention priority within 12 months, or PCT national phase. INAPI is itself a PCT searching and examining authority and takes part in Patent Prosecution Highway programmes.

3. Industrial designs

Industrial designs are protected for a fixed term from filing. Novelty is required, so file before any public disclosure.

4. Practical tips

• Search INAPI’s database before launching a brand and file before appointing local distributors.
• Foreign applicants usually act through a Chilean attorney; powers of attorney are simple to grant.
• Chile’s trade agreements with China and other Asian economies contain IP chapters, which can help in enforcement discussions.
• Record your rights with customs to help stop counterfeit imports.

The views expressed are personal and do not necessarily represent the position of NET CRAMAN. This article is for general information only and does not constitute legal advice. Rules change over time; seek specific advice before acting.