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26 November 2003

Congress ratifies trade agreement promoting trademark rights

The Chilean Congress has ratified a Free Trade Agreement with the United States that provides, among other things, that Chile ratify the Trademark Law Treaty, and amend its trademark legislation to allow registration of certification and sound marks. The provisions of the agreement will take effect within the next two years.

08 September 2003

Industrial Property Department clamps down on device mark registrations

The Industrial Property Department has issued two decisions that indicate that a device mark registration application should be refused if its design features are confusingly similar to a prior registered device mark, even if the wording used in the later application is different. This means that a trader will no longer be able to register a device mark made up of its own branding on packaging similar to that of a leading brand.

02 July 2003

Trademark classifications amended to mirror Nice accord

A new Chilean decree has come into force, implementing the Eighth Edition of the Nice Classification into Chilean law. Specifically, three new classes have been added and the scope of another class has been reduced. Trademark applicants need to amend their applications accordingly and pay any additional registration fees.

09 June 2003

Chile modernizes trademark registration procedure

The Chilean government has passed Decree 285/2003 with immediate effect, modifying the way in which trademark applications are processed. Applications may now be filed electronically, and approved logo shapes and colours shall be published in order to help trademark owners oppose those that are confusingly similar to their own.

04 February 2003

Bilateral trade agreement will protect trademark rights

Chile and the United States have signed an agreement that will enhance the enforcement of trademark rights. Among other things, the governments will implement measures to reduce piracy and counterfeiting, and become actively involved in resolving cybersquatting disputes.

31 January 2003

Antitrust authority refuses to rule on trademark dispute

The Central Preventive Commission has outlined new stricter criteria to delineate unfair competition claims from trademark infringement claims, thereby limiting antitrust authorities' jurisdiction in cases involving trademark infringement.

21 November 2002

Calvin Klein wins last battle in Chile

Chile's Supreme Court has dismissed an action brought by Michelangelo SACI for re-registration of the CALVIN KLEIN trademark. Michelangelo is a clothing manufacturer which had registered and used the mark for over 20 years until Calvin Klein himself successfully challenged the registration in 1999.