The short answer
A Chilean trademark lasts 10 years from the registration date and can be renewed for further 10-year periods. Renewal can be requested in the 6 months before expiry and up to 6 months after expiry (with the applicable fees), otherwise the registration lapses. Anyone can oppose within 30 days of the publication of the application extract. A mark can be declared lapsed after 5 years without real and effective use.
Trademark deadlines in Chile at a glance
These rules come from Law No. 19,039 on Industrial Property, in the current consolidated text fixed by DFL 4 of 2022 and published by the Chilean Library of Congress (translated here from Spanish, including the reforms of Law No. 21,355 of 2021). The authority is INAPI. We re-check each deadline against the live text before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, renewable for equal periods (Article 24). |
| Which date does the term count from? | The registration date. The registration lasts ten years counted from its entry in the register (Article 24). |
| When can I renew? | Request renewal during the 6 months before expiry, paying the applicable fees (Article 24). |
| Is there a grace period? | Yes. You can still request renewal up to 6 months after expiry. If no renewal request is filed in that time, the registration lapses (Article 24). |
| Opposition period | 30 days from the publication of the extract of the application in the Official Gazette. Any interested person can oppose (Article 5). |
| Reply to an office action | 30 days to correct errors or omissions found in the formal examination, or the application is deemed abandoned (Article 22). The applicant answers oppositions and the Director's observations within the period given for oppositions. |
| Priority claim | Priority follows the Paris Convention, normally 6 months from the first filing. Claim it when you file. |
| Non-use | A registration can be declared lapsed, in whole or in part, if after 5 years from the grant the mark has not been genuinely and effectively used in Chile by the holder or with consent, or if use was suspended for 5 uninterrupted years. Only a person with a legitimate interest can ask, and the holder carries the burden of proving use (Articles 27 bis A and 27 bis B). |
| Assignment | Record the assignment with INAPI so the register shows the new owner. Ask us for the current procedure and fee. |
| Nullity | An action to annul a trademark registration expires 5 years after the registration date, except for registrations obtained in bad faith (Article 27). |
| Marking | A registered mark in use should carry "Marca Registrada", "M.R." or the letter R in a circle. Not doing so does not affect validity, but the owner cannot use the criminal remedies (Article 25). |
Who can register a trademark in Chile
Individuals and companies from any country can apply to INAPI. The application goes through a formal examination, publication and the 30-day opposition period before the registrability decision.
Representation. Foreign applicants must fix a domicile in Chile for notifications in the proceedings before the Industrial Property Court, and normally act through a Chilean agent. We confirm the current requirements before filing.
Trademark registration process in Chile
Search
- Search the INAPI (Instituto Nacional de Propiedad Industrial) records for identical or similar marks in your classes.
File the application
- File with the INAPI (Instituto Nacional de Propiedad Industrial), through your Chilean agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- The extract of the application is published in the Official Gazette, and any interested person can oppose within 30 days (Article 5).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the INAPI (Instituto Nacional de Propiedad Industrial) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Chile trademark validity and renewal
- The term is 10 years from the registration date.
- Request renewal in the 6 months before expiry.
- A further 6 months after expiry is allowed with the applicable fees.
- If the deadline passes, the registration lapses.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Chilean trademark
Assignment
Transfer of a mark
Record it with INAPI so the register shows the new owner.
Licence
Licensing
A licence can be recorded. Ask us for the current approach.
Collective marks
Joint ownership
Co-owners can register rules of use and control for a mark they own together (Article 19 bis).
Name or address
Change of the owner's details
Record the change so notices and renewal reminders reach the right address.
Non-use and cancellation of a Chilean trademark
Under Article 27 bis A, lapse can be declared, on request of a person with a legitimate interest, if the mark was not genuinely and effectively used in Chile for 5 years after the grant (or use was suspended for 5 years), or if it became the usual name of the product or service. Using the R marking in trade helps show the holder did not tolerate genericisation. The holder must prove use (Article 27 bis B).
Keep dated proof of use in Chile: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Chile
Search the INAPI register and check the publication, registration and expiry dates. The 30-day opposition period runs from the publication of the extract in the Official Gazette.
Sources used
- Law No. 19,039 on Industrial Property, consolidated text (DFL 4 of 2022, with Law No. 21,355), Library of Congress of Chile: Articles 5, 19 bis, 22, 24, 25, 27, 27 bis A and 27 bis B (translated from Spanish).
- INAPI (Instituto Nacional de Propiedad Industrial) for the register, forms and fees.
Chile trademark FAQ
How long does a trademark last in Chile, and from when?
10 years, renewable for equal periods (Article 24). It counts from the date the mark is entered in the register (Article 24).
When should I renew a Chilean trademark, and is there a grace period?
Request renewal during the 6 months before expiry, paying the applicable fees (Article 24).
What is the opposition period in Chile?
30 days from the publication of the extract of the application in the Official Gazette. Any interested person can oppose (Article 5).
How much does it cost to register a trademark in Chile?
The official fee is set by the INAPI (Instituto Nacional de Propiedad Industrial) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Chile?
Yes. Foreign applicants must fix a domicile in Chile for notifications and normally act through a Chilean agent.
Can I assign a Chilean trademark?
Record the assignment with INAPI so the register shows the new owner. Ask us for the current procedure and fee.
Can a Chilean trademark be cancelled for non-use?
A registration can be declared lapsed, in whole or in part, if after 5 years from the grant the mark has not been genuinely and effectively used in Chile by the holder or with consent, or if use was suspended for 5 uninterrupted years. Only a person with a legitimate interest can ask, and the holder carries the burden of proving use (Articles 27 bis A and 27 bis B).
How can I check the status of a Chilean trademark?
Use the INAPI (Instituto Nacional de Propiedad Industrial) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority follows the Paris Convention, normally 6 months from the first filing. Claim it when you file.
How do I change the owner's name or address?
Record the change with the INAPI (Instituto Nacional de Propiedad Industrial) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Chile
SUPREMEiP® files trademarks worldwide through its network and checks every Chilean deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
