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If an unused or invalidly registered trademark is standing in the way of your own brand, our team at Brealant can pursue a cancellation action with INAPI — or defend your registration if someone challenges yours.
Legal Definition of Trademark Cancellation
Cancellation, including non-use cancellation ('caducidad') under Ley N° 19.039, is a process for removing a registered mark from the INAPI register.
Purpose and Function of Cancellation
Following reforms under Ley N° 21.355, a registration can be challenged where the mark has lacked genuine, effective use in Chile for a continuous period of around 5 years, clearing the way for new applications.
Protecting Your Interests
Whether removing a blocking mark or defending your own registration, evidence of use — or its absence — is central to the outcome.
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Contact
Reach out to Brealant about the blocking registration, or the challenge to your own mark.
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Search
We review the target registration's use history and eligibility for a non-use action.
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Quote
Receive a staged service quote covering each phase of the action.
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Pay
Proceed with secure payment for the stage you're instructing us on.
File
Brealant lodges the cancellation action, or the response, with INAPI.
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Wait
INAPI notifies the parties and manages the evidence process, if contested.
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Response
You receive INAPI's decision on whether the mark is cancelled.
In Chile, anon-use cancellation begins with filing an action before INAPI, which theregistered owner can then contest. If contested, both sides file evidence ofuse, or its absence, before INAPI decides. Understanding the target mark's usehistory is the clearest way to assess your prospects.
A blockingregistration that's genuinely fallen out of use can prevent you fromregistering, or fully protecting, your own brand. Brealant assesses the targetmark's use history carefully before recommending action, so you understand thereal prospects of success.
Cancellation is a powerful tool, but it has real limits
Not Automatic
INAPI does not act on its own — a third party with a legitimate interest must initiate the cancellation action.
Recent Reform, Phased Effect
The strengthened non-use standard under Ley N° 21.355 applies on a phased basis tied to each registration's grant or renewal date, so timing matters and Brealant can confirm whether a specific mark is already exposed.
Burden of Proof Shifts
Once an action is filed and contested, the registered owner — not the applicant — generally carries the burden of proving genuine use.
Time and Cost
A contested cancellation can take a number of months and involve real professional costs.
Partial Removal Only
The mark may be cancelled only for some goods or services, not necessarily all of them.
Brealant gives you a realistic view of the likely timeline, cost, and prospects before you proceed.
A successful cancellation action protects
Your Path to Registration
Clearing the way for your own application in the same or overlapping classes.
Market Fairness
Removing marks that are no longer genuinely used but still block legitimate new entrants.
Register Accuracy
Keeping the INAPI register reflective of marks that are actually in commercial use.
Your Investment
Protecting your brand strategy from being derailed by a stale, unused registration.
Brealant assesses whether cancellation is the right route before you commit resources to the action.
Cancellation timing depends on whether the action is contested
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Filing the Action
The non-use cancellation action is lodged with INAPI.
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Notice to the Owner
INAPI notifies the registered owner, who can contest the cancellation.
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Evidence Exchange
If contested, both sides file evidence of use, or its absence.
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Decision
INAPI decides whether the mark is cancelled, in full or in part.
An uncontested cancellation can resolve in a few months; a contested action more commonly takes longer, depending on INAPI's caseload.
Costs scale with whether the action is contested
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INAPI charges an official fee to file a non-use cancellation action.
scale with whether the action is contested and how much evidence is required.
Brealant will assess your matter and quote before filing, so you know what to expect.
Once a blocking mark is cancelled, Brealant can move straight into clearing and filing your own application, so the opportunity created by the cancellation isn't lost to a competing filer.
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Once a cancellation action is filed and contested, the registered owner generally carries the burden of proving genuine and effective use during the relevant period.
Following recent reform, a continuous period of around 5 years' genuine non-use is generally the basis for a cancellation action, with the strengthened standard phasing in by registration date.
Yes, marks can also be challenged on other grounds recognised under Ley N° 19.039, such as invalid registration.
The mark is removed from the register for the relevant goods/services, clearing the way for new applications covering that same ground.
Yes, the owner can contest the action and must then provide evidence of genuine use of the mark during the relevant period.
Any person or business with a legitimate interest, most commonly someone wanting to register the same or a similar mark that's currently blocked by the unused registration.
Cancellation targets non-use of an otherwise validly registered mark, while nullity challenges whether the mark should have been registered at all, for example due to a conflicting earlier right.
Costs include an official INAPI filing fee plus Brealant's professional fee for preparing and arguing the case — we provide a quote based on the specific grounds involved.
A contested cancellation action commonly takes many months to over a year to reach a decision, depending on the evidence submitted and INAPI's caseload.
Yes, either party can appeal INAPI's decision to the Tribunal de Propiedad Industrial (TDPI), with further judicial review available afterward.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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