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Albagli Zaliasnik Abogados
Santiago de Chile, Chile (CL)
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Chile (CL)

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02-02-2016 (Newsletter Issue 2/16)
Accession to Hague Apostille Convention
On December 16, 2015, Chile deposited its instrument of accession to the Hague Convention of October 5, 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the "Apostille Convention").

Following the usual procedural steps, the Convention will enter into force for Chile on August 30, 2016, making it the 112th Contracting State to the Convention.

The Government of Chile has permitted the Permanent Bureau to publish copies of its internal law implementing the Convention. The Regulation itself is available here and other associated amendments are also available here (both are in Spanish only).

Pursuant to Article 12 of the Apostille Convention the Depositary shall give notice to the Contracting States of the accession of Chile.

Source: www.hcch.net


10-28-2015 (Newsletter Issue 16/15)
Law Regulates Labeling of Food Products
The Chilean Ministry of Health recently passed a decree regarding the labeling of the nutritional compositions of food products. The new regulation aims at targeting food products that are intended for consumption by children under 14 years of age if they exceed specified limits of sodium, sugar, calories and saturated fats.

The new law, which will be in force from June 2016, will implement the use of warning messages and a graphic design on food labels to show that the aforementioned food components are above the established recommended limits. A warning message reading “High in” inside a black octagonal shape will have to be placed on the front of the food packaging, thus making them highly visible to consumers.

This decision has been criticized by the International Trademark Association (INTA) in a document recently submitted to the Chilean National Institute of Industrial Property (INAPI) commenting the National Intellectual Property Strategy for Chile.

In this document, INTA states that the new law “prohibits customers from distinguishing one set of products from another set of products, reduces the freedom of choice, and expropriates valuable trademark rights without due process.” INTA added that “reducing the ability to use trademarks due to the condensed space on packaging violates various international treaties on trademark protection,” such as the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS), in particular Article 20 which states that “the use of a trademark in the course of trade shall not be unjustifiably encumbered by special requirements such as … use in a special form or use in a manner detrimental to its capability to distinguish the goods or services of one undertaking from those of other undertakings.”

Source: www.moellerip.com


05-13-2015 (Newsletter Issue 7/15)
Changes to IP Law Expected
The local PTO considers that Law N° 19.039 concerning IP matters should be modified and updated. The IP authority sent the draft law to the Congress for analysis.

The main points of the legislation can be summarized in three aspects:
- new trademarks categories are included, such as three-dimensional trademarks.
- there are more benefits concerning fees
- the trademark and patents process would be improved and simplified.

Source: Moeller IP Advisors, Argentina


11-18-2013 (Newsletter Issue 16/13)
Official Publication Fees Reduced
On August 26, 2013 the Ministry of Internal Affairs and Public Safety assumed the administration of the Chilean Official Gazette and published on the same date a new price list for publication services provided by the Official Gazette. The prices are calculated over the basis of certain fixed rates plus a variable amount calculated on a "per character basis". There was a decrease in the gross "per character" price from CLP 33 to CLP 19 (to the final price -fixed fees plus variable fees- a 19% VAT has to be added when the service is actually requested). This change implies roughly a 45% price reduction in all publications made in the Chilean Official Gazette.

Since all trademark and patent applications are subject to a mandatory publication for pre-grant opposition purposes during the first stages of the application proceedings, this general price reduction has had an impact in publication fees applicable to industrial property rights (IPR) applications. The Chilean National Industrial Property Institute (INAPI) through a press release issued on October 9, 2013 praised the measure which, as previously explained, accounts for nearly a 45% reduction in publication expenses for abstracts on IPR applications prosecuted before INAPI, as the same reduces overall costs for the registration of trademarks in Chile thus aligning with the ultimate goal of INAPI of promoting and developing the protection of IPRs in Chile.

Source: Baker & McKenzie, Chile


07-16-2013
Amendments to IP Law Expected
A new Draft Law on Industrial Property, intended to replace the current Industrial Property Act 1991, was introduced in the Chilean National Congress on 26 April 2013.
In addition to strengthening the mechanism for enforcing industrial property rights and improving registration procedures, the new law is expected to boost innovation, encourage knowledge transfer and enable consumers to better distinguish products and services.


05-02-2012 (Newsletter Issue 7/12)
Trademark Law Amended
The Law N° 20,569 that amends the Industrial Property Law became effective on February 06, 2012 in Chile. It standardizes and improves the process for the application for trademarks. With this amendment, the legislation adjusts to TLT (Trademark Law Treaty) published in the Official
Gazette on February 16, 2012.

The main modifications are the following:
- Single form acceptable:
One TM form is allowed to apply for a registration of goods and services, which will origin a single registration.

- Division of applications:
It is possible to divide registrations and applications, keeping the corresponding filing, registration and priority dates. Regarding applications, this will lead that in case oppositions and/or observations are met in connection with one of the different classes covered by an application, the same can be divided allowing a faster registration of the TM in those classes not facing objections.
The division of registration may be requested even when its validity is challenged by means of an annulment trial or during the appeal thereof.

- Power of attorney:
A simple power of attorney is enough in order to represent a national or foreign applicant at the Trademark and Patent Office as well as in front of the Industrial Property Court. Certifications of faculties are needed in case the power is given on behalf of a corporation, which must be in original or notarized.
Applicant is allowed to file patents or trademarks without having the power of attorney, which will have to be filed within the following 30 days for nationals and 60 days for foreigners.
Nevertheless it is maintained the procedure according to which the Patent and Trademark Office will require in a period of 60 days, the submission of the power of attorney if the same has not been submitted by the deadline.
Finally the powers in order to abandon or withdraw an application must be expressly granted to the representative.

Source: Moeller IP Advisors, Argentina and
Silva & Cia Attorneys at Law, Chile


08-02-2010 (Newsletter Issue 13/10)
Use of Vienna Classification
The National Institute of Industrial Property of Chile (INAPI) announced that the registration of trade marks will be made only based on the International Classification of Goods and Services under the Nice Agreement 9th Edition effective from September 1st, 2010.

Source: www.inapi.cl

05-09-2010 (Newsletter Issue 10/10)
Online Payment Services for TM Publication Launched
The Chilean Official Journal and the National Institute of Industrial Property of Chile (INAPI) jointly launched an online payment service for the publication in the Official Journal of extracts of trademarks that are accepted for processing.


Source: www.kluwermanualip.com

Legal basis is the new Industrial Property Law, (No. 19.039) in force since September 30th, 1991 modified by Law No. 19.996 in force since March 11th, 2005, and by Law No. 20.160 in force since January 26th, 2007 and by Law No. 20.569 in force since February 6th, 2012.
Trademark protection is obtained by registration.
Nice classification, 9th edition
Although Chile is not part of the arrangement.
Exception: There are two special classes, one for trade and another one for industrial production.
Industrial Property Law, Arti. 19:
Registrable as a trademark is any sign able to be represented graphically that serves to distinguish products, services or industrial or commercial establishments on the market. Such signs may consist of names of persons, letters, numbers, figurative elements such as pictures, graphs, symbols, combinations of colours, sounds, as well as any combination of such signs. Where the signs are not intrinsically distinct, they may be registered if they have acquired distinctiveness through use on the national market.

The following trademark types are registrable: trade marks, service marks, word mark, word label, label slogan, industrial establishment and commercial establishment.
The application is filed at the National Institute of Industrial Property (INAPI).
Multiple-class applications are possible.
Foreign applicants need a local agent.
A simple power of attorney is required for the submission of application without prejudice that it is not enough to appear before other kinds of actions, such as, for instane legal prceedings related to intellectual property infringements. The powers in order to abandon or withdraw an application must be expressly granted to the representative.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination cannot be registered, even if they have been registered in other countries.
The processing time from first filing to registration is approx. 8 months. The first office action is taken after approx. 2 months.
Before registration, the trademark application is published in the official gazette.

EVIDENCE
All documents submitted as proof must be in Spanish or dully translated.

National:
The opposition period is 30 working days from publication date of the application.


Opposition against designation of IR Mark
not a member of the Madrid Agreement or Protocol
A trademark registration is valid for 10 years from the date of registration.
The registration is renewable for periods of 10 years.
Renewals must be solicited within 30 days after expiration date, but payment has a grace period of 6 months from expiration date of the trademark.

Further practical details are available in our publication on this topic here
There is no use requirement neither to apply, maintain nor to renew.



Further practical details are available in our publication on this topic here
The official fee is approx. EUR 180.00 per class (filing fees and registration fees).

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 230,00 € 190,00 € 
Word Mark Search (identical) 190,00 € 150,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
11-28-2014
Garcia Parot y Cia Abogados, Providencia, Chile

08-26-2013
Garcia Parot y Cia Abogados, Providencia, Chile

04-27-2012
Garcia Parot y Cia Abogados, Providencia, Chile

01-11-2012
Garcia Parot y Cia Abogados, Providencia, Chile



Albagli Zaliasnik Abogados

Miraflores 130, Piso 25, Torre Los Andes
Santiago de Chile
Chile (CL)

Instituto Nacional de Propiedad Industrial (INAPI)
Av. Libertador Bernardo O´Higgins 194
Piso 1
Santiago de Chile
Chile

Tel +56 2 2 887 0400
Fax +56 2 2 887 0401
Mail inapi@inapi.cl
www.inapi.cl