Trademark Registration in Chile

Trademark Protection in Chile

Securing your trademark in Chile protects your brand, prevents unauthorised use, and gives you exclusive rights across the country. Our team at Brealant guides you through every step of a seamless IP registration process with INAPI.

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Essential Guide to Trademarks in Chile

Protecting Your Brand with Brealant's Expertise

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Legal Definition of a Trademark in Chile
A trademark registration in Chile is a legally recognised sign — word, figure, sound, or combination — that distinguishes an organisation's goods or services in the marketplace.
Purpose and Function of Trademarks in Chile
Under Ley de Propiedad Industrial N° 19.039, trademarks safeguard your brand's identity and reputation by providing legal protection. Registering a trademark with INAPI gives your business exclusive rights to use, license, or sell your mark, enhancing recognition and trust.
Protecting Your Trademark
A registered trademark covers distinctive elements like words, logos, and combined marks. Partnering with experts in trademark registration in Chile helps maintain your brand integrity and prevent imitation.

A Hassle-Free Registration Journey with Brealant

Contact
Reach out to Brealant, your trusted trademark agent in Chile, to discuss your trademark needs.
Search
Request a FREE trademark search in Chile to ensure your brand's uniqueness.
Quote
Receive a service quote tailored to your filing requirements.
Pay
Proceed with secure payment for the selected services.
File
Brealant submits your trademark application to INAPI.
Wait
Await INAPI's response through formal examination, publication, opposition, and substantive review; timing varies. Check our country page for time estimates, or contact us for case-specific guidance.
Response
Receive INAPI's decision, which may include your official registration certificate.

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Clear, Simple Steps to Secure Your Trademark

In Chile, atrademark is a legally recognised sign that distinguishes a company's goods orservices from others. Governed by Ley N° 19.039, a registered trademark grantsyou exclusive rights across the country and the ability to prevent others fromusing similar identifiers that may cause consumer confusion.

Safeguarding Your Trademark in Chile — With Brealant by Your Side

Trademarkregistration in Chile provides significant advantages in securing your brandidentity. Once registered, you have exclusive rights concerning the specificgoods or services covered, across the entire country. This legal protectionprevents competitors from using or imitating the mark, helping build consumertrust and recognition.

Limitations

What Cannot Be Trademarked in

Certain elements cannot be trademarked under Chilean law, including

Generic Terms
Common words or phrases that describe the product itself (e.g., 'pan' for a bakery).
Descriptive Words
Words that simply describe the characteristics, quality, or geographic origin of goods (e.g., 'fresco' or 'chileno').
National Symbols
Official flags, emblems, and other state or international symbols, without proper authorisation.
Misleading Terms
Signs that could mislead consumers about the nature, quality, or origin of the goods or services.
Marks Contrary to Public Order
Signs contrary to public order, morality, or good customs.

INAPI's examiners evaluate every application to ensure that these non-registrable elements are not part of the proposed trademark.

What a Trademark Protects

A registered trademark in Chile protects various elements that identify and differentiate a brand. The protection extends to

Words
Unique brand names, slogans, and taglines.
Logos & Figurative Marks
Distinctive graphical elements representing the brand.
Mixed Marks
Combinations of words and graphical elements registered together as a single sign.
Sound Marks
Distinct sounds, such as jingles, capable of graphical or other objective representation.

By partnering with IP experts in Chile, you can ensure your brand is safeguarded from infringement and prevent customer confusion or loss of trust due to imitation.

Timeline for Trademark Registration in Chile

The registration process for a trademark in Chile typically involves

Formal Examination
INAPI checks the application meets formal requirements, raising observations if needed, generally with 30 business days to respond.
Publication
An accepted application is published in the Diario Oficial, typically within about 20 business days of acceptance.
Opposition Period
Third parties have 30 business days from publication to file an opposition.
Substantive Examination & Registration
INAPI examines registrability against the register, and, if accepted, issues the registration certificate once the final fee is paid.

On average, an uncontested Chilean trademark application takes roughly six to nine months from filing to registration, depending on INAPI's workload and whether any objections or oppositions arise.

Understanding Trademark Costs in Chile — Simplified with Brealant

The cost of trademark registration in Chile is calculated in UTM (Unidad Tributaria Mensual) and varies with the number of classes covered

Official Filing Fees
INAPI charges an initial filing fee of around 1 UTM per class, plus a further registration fee of around 2 UTM per class once accepted — together typically well under CLP $200,000 per class, plus a modest Diario Oficial publication cost.
Professional fees
When using the services of a trademark agent in Chile, there may be additional fees for assistance with the search, application, and examination stages.

These costs represent a valuable investment in securing a brand's exclusive rights and protecting it against infringement.

Brealant support specialist providing continued trademark support

Continued Trademark Protection in Chile — Supported by Brealant

Once registered, a trademark can be actively monitored and enforced to ensure others are not using similar marks that may confuse customers. Businesses often partner with IP professionals to monitor potential infringements, maintain renewal timelines, and manage licensing agreements, strengthening their market position in Chile.

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Frequently Asked Questions

What does a trademark mean in Chile?

In Chile, a trademark is a legally recognised sign — word, figure, or combination — that distinguishes a company's goods or services from those of others in the marketplace.

What is the difference between copyright and trademark in Chile?

Copyright protects original creative works like art and music, while a trademark protects brand identifiers like logos and names that distinguish products or services in the market.

How long is a trademark valid in Chile?

A registered trademark in Chile is valid for 10 years from the date of grant, with the option to renew indefinitely in further 10-year terms.

What can't be trademarked in Chile?

Chilean trademark law prevents registration of generic, purely descriptive, or misleading terms, official symbols without authorisation, and signs contrary to public order or morality.

How much does it cost to register a trademark in Chile?

Official INAPI fees are calculated in UTM per class — typically an initial filing payment plus a further payment on acceptance — Brealant quotes the exact peso equivalent and our professional fee before you commit.

Who can apply for a trademark in Chile?

Any individual or legal entity, Chilean or foreign, can apply; foreign applicants must appoint a Chilean-domiciled representative, which Brealant provides.

Can I register a trademark in Chile through the Madrid System?

Yes, Chile is a Madrid Protocol member, so you can designate Chile in an international application, or file directly with INAPI — Brealant advises on which route suits your situation.

What documents does Brealant need to file a Chilean trademark application?

A clear representation of the mark and a list of the goods or services you want covered; a power of attorney can follow after filing and isn't needed to secure your filing date.

How long does it take to register a trademark in Chile?

Typically around 8 to 12 months from filing to grant, assuming no office actions or oppositions arise — contested cases take longer.

Do I have to use my mark to keep the registration valid?

Chile doesn't require proof of use to register, but genuine use matters later, since an unused registration can become vulnerable to a non-use cancellation action.