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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.

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.

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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.

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.