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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.

26 June 2019

Owners beware: severe restrictions placed on trademarks in the pharma industry

Since 2015 the Chilean Congress has been discussing a bill that will modify the country’s legislation on pharmaceuticals. However, in the past months the bill has undergone various modifications that would severely restrict the use of trademarks in the industry.   

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.

04 December 2018

Angola brand deadline looms, France and Peru sign IP action plan, and new Chile trademark guidelines: news round-up

In our latest round-up, we look at the United Kingdom’s IP minister seat being vacant once again, question marks over affiliate links on Instagram, puns being encouraged at the Philippines IP office, and much more.

09 October 2018

Supreme Court: trademarks must be assessed as a whole

In a significant decision, the Chilean Supreme Court has reversed a decision of the Court of Appeal in Industrial Property Cases in which the latter had rejected an opposition against the registration of the mark CALLY based on the earlier mark CALLIA.

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.

17 August 2018

Chile punches well above its weight from a trademark and branding perspective: exclusive data analysis

In this week’s country data report, we examine the major trademark trends in the Chilean market. We show that both domestic and foreign filings are stable, reveal the most valuable brands in the country, and analyse the key trademark classes used for both inbound and outbound applications.  

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.

20 March 2018

Franchising in Chile: a guide to enforcement and termination

This series outlines the legislative framework for franchising in nine jurisdictions across Asia and South America. In this instalment, we focus on the enforcement and termination of agreements in Chile.

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.

01 March 2018

Franchising: a global guide to brand monetisation

In the first of a two-part series, we outline the legislative framework for franchising in nine jurisdictions across Asia and South America.

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.

29 March 2017

Trademark procedures and strategies: Chile

Major amendments to the Trademarks Act were passed in 2014, partially to facilitate implementation of the Nice Agreement, the Singapore Treaty and the Madrid Protocol. Most notable among these amendments is the elimination of use as a registration requirement. The amendments received royal assent, but have not yet been implemented. The latest projections suggest that implementation could take place in 2019.

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.

03 August 2016

An IP marketing revolution? Changing attitudes to marketing in Latin American law firms

With an increasingly competitive IP legal market in Latin America, law firms are having to adapt and grow their marketing activity to stand out from the crowd. While little attention has been paid to marketing strategies in the past, today sees significant investment being made to effectively cut through the cluttered IP market. This week, the WTR 1000 research team looks at how Latin American IP law firms, big and small, have evolved their marketing in recent years.