Chile modernizes trademark registration procedure


A new Chilean regulation, Decree 285/2003, has been passed with immediate effect, modifying the way in which trademark (and patent) applications are processed. The following are some of the most important changes:

  • Applications may now be filed electronically with the Patent and Trademark Office. However, the subsequent filing of physical documentation is recommended in order to confirm the electronic filing.

  • Once the Patent and Trademark Office has approved a trademark application, the trademark must be published in the Official Gazette within 20 days, instead of 10 days under the previous regulation.

  • New trademarks are no longer published daily in the Official Gazette. Instead, newly-registered marks will be published only on Fridays.

In addition, logo shapes and colours shall be published in order to help trademark owners oppose those that are confusingly similar to their own.

Luis Felipe Claro Swinburn, Claro y Cia, Santiago

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