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Whether you're protecting your existing rights from a conflicting new application, or defending your own published mark, our team at Brealant guides you through the INAPI opposition process from start to finish.
Legal Definition of Trademark Opposition
Opposition is the formal process, under Ley N° 19.039, that lets a third party challenge a trademark application after publication in the Diario Oficial but before registration.
Purpose and Function of Opposition
It exists to let earlier rights holders and other affected parties prevent a confusingly similar mark from reaching the register, before it can cause consumer confusion.
In Chile,opposition follows a defined sequence: publication in the Diario Oficial, a 30business day window to file the opposition, the applicant's response, andINAPI's decision as part of substantive examination. Knowing exactly where acase sits in that sequence is the clearest way to plan next steps.Protecting Your Position
Whether opposing or defending, a carefully built case — backed by the right evidence and filed through an authorised attorney — is essential to a successful outcome before INAPI.
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Contact
Reach out to Brealant to discuss the published mark you want to oppose, or the opposition you need to defend.
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Search
We review the conflicting application or your own registration and the surrounding evidence.
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Quote
Receive a staged service quote covering each phase of the opposition process.
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Pay
Proceed with secure payment for the stage you're instructing us on.
File
Brealant files the opposition, or your written response, with INAPI.
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Wait
Await INAPI's process through submissions and, where relevant, evidence; timing varies by case.
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Response
Receive the outcome — INAPI's decision, or a negotiated resolution.
In Chile,opposition follows a defined sequence: publication in the Diario Oficial, a 30business day window to file the opposition, the applicant's response, andINAPI's decision as part of substantive examination. Knowing exactly where acase sits in that sequence is the clearest way to plan next steps.
Opposition is aserious step with real cost implications, so it's worth a clear-eyed assessmentof the conflicting mark, the strength of your rights, and the commercial riskof letting it proceed unopposed. Brealant assesses the merits with you beforerecommending action
Opposition is powerful, but it has real limits
Missed Deadlines
An opposition must be filed within 30 business days of publication in the Diario Oficial — miss it, and the right is generally lost.
No Retrospective Effect
Opposition can't undo a mark that has already registered; a separate cancellation action would be needed instead.
Cost and Time
A contested opposition adds several months to the registration timeline and involves real professional costs.
Burden of Proof
The opponent must substantiate its grounds — an opposition without solid evidence is unlikely to succeed.
Partial Outcomes
Opposition may only succeed for some of the contested goods or services, not necessarily all of them.
Brealant gives you a realistic view of the likely outcome, timeline, and cost before you proceed.
A well-run opposition protects a range of commercial and legal interests
Your Existing Brand
Preventing a confusingly similar mark from registering alongside yours.
Consumer Trust
Reducing the risk of customers being misled between your brand and a new entrant.
Market Position
Stopping a competitor from gaining registered rights that could restrict your own future use.
Register Integrity
Ensuring only marks that genuinely meet the legal requirements proceed to registration.
Brealant helps you weigh these interests against the cost and time of a contested opposition before you commit.
Opposition follows a defined, multi-stage process
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Publication
The application is published in the Diario Oficial once it clears formal examination.
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Opposition Filed
The opponent files its opposition through an authorised attorney within 30 business days of publication.
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Applicant's Response
The applicant is given the opportunity to respond to the grounds raised.
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INAPI Decision
INAPI decides the opposition as part of its substantive examination of the application.
A contested opposition in Chile commonly adds several months to the overall registration timeline, on top of the standard examination process.
Costs scale with how far the matter proceeds
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INAPI charges a modest official fee to file an opposition.
depend on the complexity of the grounds raised and whether the matter resolves through submissions or requires further argument.
Brealant scopes and quotes each stage separately, so you're never committed further than you choose to go.
Brealant manages your opposition matter end to end, keeping you informed at each stage and revisiting strategy as the case develops, so you can make informed decisions about whether to continue, negotiate, or settle.
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Any person or business with a legitimate interest can file an opposition, though it is most often brought by the owner of an earlier conflicting mark.
An opposition must be filed within 30 business days of the mark's publication in the Diario Oficial.
Yes, oppositions before INAPI must be filed through an authorised local attorney, which Brealant arranges as part of the service.
If the opposition succeeds, the application is refused, in whole or for the contested goods and services, and does not proceed to registration.
Yes, many oppositions resolve through negotiation — such as a coexistence agreement, limitation, or amendment — before INAPI issues its decision.
There's an official INAPI filing fee plus Brealant's professional fee for preparing and arguing the opposition — we quote both before starting.
The application proceeds toward registration, but you can generally appeal INAPI's decision to the Tribunal de Propiedad Industrial (TDPI).
Generally you need Chilean rights or recognised well-known mark status; a foreign registration alone, including one obtained via Madrid, usually isn't enough without a Chilean filing or established reputation here.
Proof of your earlier right, such as a registration certificate, a comparison of the marks and goods or services involved, and evidence of reputation or bad faith where relevant.
A contested opposition commonly takes several months to over a year to reach a decision, depending on the evidence filed and INAPI's workload.
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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