The system for trademark protection in Chile includes:

• Registration

Chile belongs to the following international treaties: 

• Paris Convention
• Nairobi Treaty on the Protection of the Olympic Symbol
• Trademark Law Treaty ("TLT")

The benefits of registering a trademark in Chile include:

• It is the only form of protection available for trademarks
• It entitles the proprietor to bring an infringement action

Service marks

Yes

Defensive marks

Yes, use is not a requirement in Chile.

Collective marks

Yes, use guidelines are required.

Certification marks

Yes, use guidelines are required.

Well-known marks

Yes, abundant evidence.Series marks

No

Marks in a different language or characters other than Roman characters

Yes, Spanish translation.

Non-traditional marks: Sound marks

Yes, graphical representation of the mark.

Non-traditional marks: Smell marks

Yes, graphical representation of the mark

Non-traditional marks: Position marks

No

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

No

Non-traditional marks: Shape or three-dimensional marks

No

Documents and information required to file a trademark application in Chile include: 

• Name and address of the applicant
• Representation of the trademark
• Goods and services and the class(es) for which the trademark is to be registered
• Power of Attorney
• Other:
  • Priority number, country and filing date if applicable. The notarized or apostilled Power of Attorney can be provided after filing, and the certified copy of the priority must be submitted within a 90-day term from the filing date of the application

Yes, multi-class applications are permitted in Chile. There is no maximum. 

Yes, there is substantive examination of trademarks in Chile on the following grounds:

• Substantive grounds
• Relative grounds

Absolute grounds for refusal of trademark in Chile include:

• Mark has direct reference to the character or quality of the goods or services
• Mark is not distinctive

Relative grounds for refusal of a trademark in Chile include: 

• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
• Well known mark: There is a well know mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
• Well known mark: There is an earlier registered mark which is well known for different goods or services and use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark
• Other: bad faith

The time period from application to registration in Chile is between 6-12 months. 

Yes, late renewal of a trademark registration is permissible in Chile. There is a 30-day grace period from the expiration date

No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Chile.

No, trademark licensees are not required to record themselves with the Registrar in Chile, however, it is recommended (Notarized or Apostilled Deed of Assignment executed by both Assignee and Assignor). 

Available enforcement methods in Chile include: 

• Civil enforcement
  • Infringement action
  • Passing off
• Criminal enforcement
• Border or other administrative enforcement measures

Use is not a requirement to maintain or renew a mark; this may change in the future. The Nice Agreement is followed by the Trademark Office although Chile is not a Treaty Member.