Trademark Registration (INAPI) in Chile

Registering a brand with INAPI

Trademarks in Chile are governed by the Industrial Property Law, Law 19.039, and registered with the National Institute of Industrial Property, INAPI (Instituto Nacional de Propiedad Industrial). Protection is territorial: a registration obtained in the United States or Europe has no direct effect in Chile. Chile follows a first-to-file approach, so the brand owner who applies first generally has the stronger position.

That is why companies planning to sell, license or franchise in Chile should file before launch. Brands that enter the market unprotected sometimes find that a local third party has already registered the name or logo and is willing to sell it back.

For businesses with US or European brands, the practical question is rarely whether to register but how fast and in which classes. Our team handles the whole cycle in English, from the first search to the issuance of the certificate and later renewals, and coordinates with your existing counsel abroad.

The registration process

A typical application goes through several stages: a filing with the mark and a list of goods or services in the relevant classes, a formal examination by INAPI, publication so that third parties can oppose, a substantive examination for conflicts and descriptive terms, and a decision. If approved, the registration is issued after payment of the registration fee.

Opposition is where most contested cases are decided. Existing owners of similar marks can object within a limited period after publication, and the applicant can respond. Disputes can continue to INAPI's appeals and ultimately the courts.

Direct filing or the Madrid Protocol

Chile joined the Madrid Protocol on July 4, 2022, so a foreign applicant from a Madrid member country can designate Chile in an international application through WIPO. A direct national filing is still the better route in some cases, for example when the application is limited to Chile or when local classification and wording need careful handling. Foreign applicants who file directly use a local representative.

Protection lasts ten years from registration and is renewable for equal periods. Priority from an earlier foreign application can be claimed under the Paris Convention if the Chilean filing is made within the treaty period, which is six months.

Common mistakes foreign brands make

The most common error is launching or signing a distributor first and filing later. A distributor or a former employee may register your brand locally, and some applicants file only a logo when the name matters most. Another mistake is describing the goods and services too narrowly, which leaves natural expansion areas unprotected.

A search, a filing in the right classes, and a watch for conflicting applications cost little compared with a rebranding or a negotiation to buy back your own name.

What we handle