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17 September 2019

Five counterfeit hotspots that you should be aware of in Chile

For the next edition of our series on physical marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head back to Latin America and focus on Chile. 

06 August 2019

Supreme Court confirms refusal of CLOS DE PIRQUE for wine

The Chilean Supreme Court has upheld a decision of the IP Court refusing an application for CLOS DE PIRQUE in Class 33 on the ground that the mark consisted of an EU ‘traditional term’ and a Chilean appellation of origin.  

29 July 2019

Non-traditional marks in Latin America: the current landscape

The acceptance of non-traditional trademarks has increased in most Latin American jurisdictions in recent years. We provide an overview of the current state of play.

11 June 2019

South African police attacked during counterfeit raid, Chile IP office new director, and Airbnb versus Hairbnb: news digest

In our latest edition, we look at the 2 millionth trademark application at the EUIPO, a new report finding that UK students are "actively disloyal" to brands, a collection of fake video games released, and much more.

26 March 2019

Victory for Nestlé as Supreme Court recognises broader scope of protection afforded to famous marks

The Chilean Supreme Court has recognised the wide scope of protection afforded to famous trademarks in opposition proceedings involving Gloria SA’s application for GLORIA FOODS and Nestlé’s earlier mark GLORIA.

12 September 2018

Trademark procedures and strategies: Chile

The Chilean Institute of Industrial Property (INAPI) may reject an application on the basis of an unregistered prior mark, provided that the existence of the unregistered trademark is publicly known to the extent that its renown does not require evidence.

28 June 2018

Mark owners beware: new food labelling regulation may restrict trademark rights

In an action filed by Evercrisp (a subsidiary of Pepsico), a Chilean court has held that the restrictions imposed by the new food labelling regulation do not imply an expropriation, but only a limitation of trademark rights based on public health reasons.

11 April 2018

Joint ownership and exclusive rights: Supreme Court issues decision in ANTUMANAL case

The Chilean Supreme Court has upheld the dismissal of complaints against the jointly-owned trademark ANTUMANAL, ruling out bad faith on the part of the defendant.

13 March 2018

Procedures and strategies for pharmaceutical brands: Chile

Two frameworks are applicable to pharmaceutical marks in Chile. The Industrial Property Law and its regulation set out the rules for the registration and use of trademarks; the Sanitary Code and Decree 3/2010 regulate the pharmaceutical product marketing authorisation procedure.

29 November 2017

TVN defeats American Idol and Pop Idol in trademark dispute

British company FremantleMedia recently opposed Televisión Nacional de Chile's (TVN's) ÍDOLOS mark, but TVN eventually prevailed after an appeal.

04 April 2017

IP office of Chile reacts to rankings research, highlights efforts to innovate in trademark services

For the current issue of World Trademark Review magazine we undertook a research project to identify the IP offices most committed to value-add offerings for users. In response to the article, Maximiliano Santa Cruz, director of the National Institute of Industrial Property of Chile (INAPI), has contacted us to provide an update on how the office is seeking to foster "balanced IP systems that stimulate innovation and entrepreneurship".

28 March 2017

National Customs Service carries out largest-ever seizure of counterfeit goods

The Chilean Customs Service has seized, in the free port of Iquique, a shipment of 238,418 sport shoes bearing the trademark EILA, which was written in such a way as to resemble the original trademark FILA, owned by Fila Luxembourg SARL. This seizure is the largest-ever border measure carried out in Chile.

06 January 2017

Industrial Property Appeal Court decision on fame and notoriety of PLAYBOY

The Industrial Property Appeal Court has published a decision in its official bulletin which reverses a first-instance decision of the Chilean Industrial Property Department and rejects the claims of fame and notoriety by Playboy Enterprises.

13 December 2016

Litigation procedures and strategies: Chile

Depending of the cause of action, the enforcement of trademark rights can be sought through both criminal and civil proceedings. A trademark owner will have a civil cause of action when a third party infringes its exclusive right to use its trademarks in trade to distinguish the same or related products, services or business or industrial establishments as those covered by the registration. Criminal proceedings can be instituted only if the IP Law or the Criminal Code lists the infringer’s actions as a crime.

01 March 2016

Border protection in Latin America – the future looks brighter

Despite the region’s reputation as a haven for counterfeiters, several Latin American countries are making significant strides in developing and using highly effective anti-counterfeiting tools