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17 July 2008

Supreme Court issues surprising decision in opposition case

In a surprising decision, the Chilean Supreme Court has rejected an application to register a trademark for certain services in one class of the Nice Classification on the grounds that it was similar to an earlier registered trademark for different and non-related services in the same class. The decision overturns the case law of the Industrial Property Department and the Appeal Court for Industrial Property Matters.

09 October 2007

Importer guilty even though infringing goods were not sold in Chile

The Criminal Court of Iquique has found that the importer of containers of toothpaste bearing the trademark COOLMATE TOTAL 12 was guilty of infringing the registered trademark COLGATE TOTAL 12. It found that although the goods had not been sold in Chile, they had been introduced in the national territory with the purpose of selling them in that country.

19 June 2007

National Institute of Industrial Property bill under consideration

The Chilean Congress is considering a bill that will create a National Institute of Industrial Property. The institute would have as its principal functions the protection of industrial property rights and the administration of industrial property law. Among other things, it would also act as an advisory body on industrial property matters to the president of Chile.

06 June 2007

New Law on Unfair Competition implemented

A new Law on Unfair Competition has entered into force in Chile. The new law borrows heavily from the Spanish, Argentinean and Colombian laws in this area. Among other things, the law establishes that taking advantage of a reputation established abroad and the use of signs and marks to mislead consumers are acts of unfair competition.

23 May 2006

Sun sets on ROYAL BUSINESS trademark

The Chilean Trademark Office has refused to allow the registration of the mark ROYAL BUSINESS. It held that the mark was likely to cause confusion with an earlier ROYAL & SUN ALLIANCE trademark, noting that the 'ROYAL' element of the earlier mark has a prominent connection to the opponent, Royal & Sun Alliance Insurance Group PLC.

16 January 2006

Industrial Property Law finally enacted

After a lengthy legislative debate, the new Industrial Property Law 19996 has finally been enacted. This new legislation amends the current Patent and Trademark Law in order to comply with International Treaties such as the TRIPs Agreement and with the Free Trade Agreements signed with the European Union and the United States.

22 September 2005

Trade dress decision good news for IP right owners

The Chilean Free Competition Court, in contrast to other recent decisions, has accepted jurisdiction to rule in a trade dress case involving the alleged copying of the design and get-up of a natural pharmaceutical product's container. The decision may provide IP right owners with a way of preventing the imitation of the trade dress of their products by parties who enjoy a dominant position in the relevant market.

16 May 2005

New Industrial Property Law published

After more than five years of legislative debate, a new Industrial Property Law has been published in Chile. The law, which is expected to come into force within the next couple of months, introduces significant changes to the current Law 19.039 and finally fulfils Chile's obligations under the TRIPs Agreement, which was ratified by Chile in 1995.

01 February 2005

Congress implements new Law on Industrial Property

After a lengthy delay, the Chilean Congress has enacted a new Law on Industrial Property, which amends the current law to conform to the TRIPs Agreement. The new law significantly improves the level of industrial property protection in Chile, for example, it offers broader protection to appellations of origin and geographical indications.

29 November 2004

Song festivals allowed to coexist on register

The Chilean Trademark Office has allowed the marks FESTIVAL INTERNACIONAL DE LA CANCION (meaning 'International Song Festival') and FESTIVAL INTERNACIONAL DE LA CANCION DE LA SERENA (meaning 'La Serena International Song Festival') to coexist for similar services. The registrar held that the name La Serena was sufficient to distinguish the junior mark from the well-known senior mark.

03 November 2004

Criminal Court paves the way for larger moral damages awards

A Chilean Criminal Court has awarded a substantial amount of moral damages in favour of a plaintiff trademark owner following the fraudulent use of its mark by another party. This is one of the largest amounts ever awarded by the courts under the concept of moral damages and may serve as a useful precedent since decisions awarding damages in IP cases are rare in Chile.

08 September 2004

MCKRILL owner fends off opposition from McCain and McDonald's

In McCain Foods Ltd v Katevas, the Chilean Trademark Office has rejected oppositions filed by food giants McCain Foods and McDonald's to the registration of the trademark MCKRILL. It held that the mark was sufficiently distinctive to eliminate any likelihood of confusion in the marketplace.

15 July 2004

REEF application hits the rocks

In South Cone Inc v Fernández, the Chilean Trademark Office has upheld the plaintiff’s opposition to the registration of REEF for bicycles and bicycle parts. It held that the mark was confusingly similar to the plaintiff’s own REEF mark, even though the plaintiff’s mark applied to other types of sports equipment and not bicycles.

08 April 2004

Trademark Office finds ORIGINAL SMOKE original

The Chilean Trademark Office has rejected the opposition to the registration of the mark ORIGINAL SMOKE for cigarettes and tobacco products in Class 34 of the Nice Classification. It found that the mark was not generic for goods in Class 34 and was unlikely to be confused with the prior registered mark COPIHUE SMOKER.

29 March 2004

Trademark Office moves to protect GIs and appellations of origin

The Chilean Trademark Office has issued two decisions that indicate that it will refuse an application to register a mark made up of or containing a geographical indication or appellation of origin, if it is filed by an unauthorized party and is likely to mislead the public as to the true origin of the goods to which it relates.