Filing
The filing date of a Chilean trademark is the one assigned when filing the application.
If priority is claimed, the filing date will remain the same, but the priority date will be the one claimed.
Formal Examination
Within 15 to 20 working days from the filing date in case of pre-approved description of products/services
or
Within 2 to 3 months from the filing date in case of “free description” of products/services
The Chilean Trademark Office will determine within 15 – 20 working days or 2 – 3 months the application meets the requirements and if it does, the trademark will be published in the Official Journal.
Publication
Formal examination + 20 working days from the date of the resolution
When the Chilean Trademark Office deems the application meets the formal requirements, the application will be published in the Official Journal for opposition purposes.
Opposition Period
Publication + 30 working days
The opposition period starts as soon as the trademark is published and the period for a third party to file an opposition ends 30 working days after publication.
If no opposition was filed and the 30-day opposition period has ended, the trademark will undergo a substantive examination.
Substantive Examination
Approximately 30 working days after the opposition period has ended
During this phase, the Trademark Office will analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.
Registration fees
60 days counted from the day of the granting resolution
After the Chilean Trademark Office issues their decision to grant the application, the applicant has 60 days to pay the official fees for the expedition of the title.
If the fees are not paid, the application will be declared abandoned.
Granting
Approximately 8 months counted from the filing date
If no obstacles are found, the Chilean Trademark Office will proceed to grant the trademark.
The mark will be protected for a period of 10 years, counting from the granting date.
Certificate of Registration
Once the registration fees have been paid, a digital registration certificate is issued.
The filing date of a Chilean trademark is the one assigned when filing the application.
If priority is claimed, the filing date will remain the same, but the priority date will be the one claimed.
Within 15 to 20 working days from the filing date in case of pre-approved description of products/services
or
Within 2 to 3 months from the filing date in case of “free description” of products/services
The Chilean Trademark Office will determine within 15 – 20 working days or 2 – 3 months the application meets the requirements and if it does, the trademark will be published in the Official Journal.
Formal examination + 20 working days from the date of the resolution
When the Chilean Trademark Office deems the application meets the formal requirements, the application will be published in the Official Journal for opposition purposes.
Publication + 30 working days
The opposition period starts as soon as the trademark is published and the period for a third party to file an opposition ends 30 working days after publication.
If no opposition was filed and the 30-day opposition period has ended, the trademark will undergo a substantive examination.
Approximately 30 working days after the opposition period has ended
During this phase, the Trademark Office will analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.
60 days counted from the day of the granting resolution
After the Chilean Trademark Office issues their decision to grant the application, the applicant has 60 days to pay the official fees for the expedition of the title.
If the fees are not paid, the application will be declared abandoned.
Approximately 8 months counted from the filing date
If no obstacles are found, the Chilean Trademark Office will proceed to grant the trademark.
The mark will be protected for a period of 10 years, counting from the granting date.
Once the registration fees have been paid, a digital registration certificate is issued.
Useful Information
Please note that according to the Chilean law there are no use requirements.