Region: Chile

Court considers recognition of appellation of origin identical to registered trademark

In a controversial decision, the court dismissed a nullity claim filed by the owner of the mark LOS LINGUES in Class 33 against a decree recognising the appellation of origin ‘Los Lingues’ for wines.

28 April 2023

The social function of trademarks and their protection by state institutions

The social function of trademarks has been revealed - perhaps for the first time in Chile - in a recent case involving one of the country’s largest retail companies.

10 February 2023

Mercado Libre reports infringement drop, but IP protection top concern in Chile

Reports of IP violations on Latin America’s biggest e-commerce platform are declining, but infringing products are still a top concern in some major jurisdictions.

05 December 2022

Innovation at the Chilean IP office: spotlight on trademark tools and services

Featured in IP office tools and services

In an update from our regular series on innovation at national IP offices, we hear from representatives at the National Institute of Industrial Property of Chile.

18 November 2022

Chile: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

Trademarks are governed in Chile by Law No. 19,039 (the Industrial Property Law), which has been in force since 30 September 1991. This law has been partially modified four times, with the last substantial amendments being introduced by Law No. 21,355, which entered into force on 9 May 2022.

21 October 2022

The rejection of the proposed new Constitution and its repercussions for industrial property

In a referendum held in September 2022, the Chilean electorate voted to reject the constitutional text drafted by the Constituent Convention. Importantly, the discarded proposal did not include any express recognition of industrial property.

20 October 2022

Madrid Protocol enters into force in Chile

Chile’s instrument of accession to the Madrid Protocol was accompanied by declarations and notifications. INAPI subsequently published instructions to facilitate the execution of the treaty in the country. This update reviews the main points of interest for trademark owners and practitioners.

14 July 2022

“Gaining positive momentum”: WIPO’s hope for Madrid expansion in Latin America after Chile accession

Following the recent announcement of Chile acceding to the Madrid Protocol, a WIPO representative has spoken to WTR about the organisation’s hopes for the future in the region.

22 April 2022

IP rights in Chile’s new Constitution: the debate goes on

There have been heated discussions concerning the issue of fundamental rights, including the right to property - which includes, in turn, IP rights.

22 April 2022

Apple prevails in emoji dispute; Chile “historic” trademark increase; Hologram register makeover – news digest

In our latest round-up, we look at the US Copyright Office refusing an AI-generated 2D artwork registration, ICANN conducting its first key ceremony of the year, and much more.

18 February 2022

Unlock unlimited access to all WTR content