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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.

19 October 2018

Facebook’s WHOIS access woes, DPMA’s IP workshop for refugees, and Santa-Cruz leaves INAPI: news round-up

In our latest round-up, we look at the Croatian president talking up nation branding, Gucci voicing “reluctance” to work with Alibaba and JD.com, brand owners readying themselves for motion marks, 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.

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.

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.

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.

11 April 2016

Supreme Court rules on trademark comparisons and previous coexistence

On January 27 2016 the Supreme Court issued an important decision regarding previous factual coexistence of trademarks and how conflicting trademarks must be compared in opposition cases.

18 September 2015

Chile

Trademarks are governed in Chile by the Industrial Property Law (19.039) (in force since September 30 1991, modified by Law 19.996, in force since December 14 2005) and Law 20.160 (in force since January 2007, regulated by Decree 236, published on December 1 2005 and modified by Economy Decree 36 of May 23 2012). In February 2012 Law 20.569 for standardising the process of trademark and patent applications and implementing the Trademark Law Treaty in Chile came in force.

21 July 2015

Supreme Court: mark consisting of geographical name and descriptive term is not registrable

The Supreme Court has reversed a decision of the Court of Appeals in which the latter had rejected an opposition against the registration of the mark ASIA MOTORTRADE for goods in Class 7. The Supreme Court’s decision suggests that geographical names are not protectable per se, regardless of the goods or services covered, even if the geographical term at issue is part of a mark which, considered as a whole, may have some distinctive character.