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Amendments to Trademark Laws

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Mai 02, 2012 (Newsletter Issue 7/12)
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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