How to Patent a Trademark: How to Do It and Why It Matters

How to patent a trademark and how to do it? Here at Registro de marcas we explain all the details.

Patentar una marca o registrar una marca es un paso fundamental para proteger la identidad y los derechos exclusivos sobre el nombre o logotipo de tu negocio. Este proceso permite asegurar que nadie más pueda utilizar la marca sin la autorización del titular, lo cual es esencial para preservar el valor de la marca y evitar conflictos legales.

Cómo patentar una marca en Chile, cuáles son los costos asociados y otros aspectos importantes que debes conocer en este artículo.

How to Patent a Trademark in Chile

Patenting a trademark in Chile is a relatively simple process, but requires basic knowledge about the steps to follow and current regulations. In Chile, the entity responsible for the registration and protection of commercial trademarks is the Instituto Nacional de Propiedad Industrial (INAPI). Registering your trademark grants you exclusive usage rights, which is essential to prevent third parties from using or appropriating the name or logo that represents your business.

Steps to Patent a Trademark in Chile

Prior art search: Before starting the registration process, it is important to conduct a prior art search in the INAPI database. This search allows you to verify if the trademark you want to patent is already registered by another person or if a similar one exists that could cause conflicts.
Submission of the application: The application to patent a trademark must be submitted to INAPI, which can be done online through their digital platform or in person. In the application, you must include detailed information about the trademark, such as its name, logo, and the products or services you wish to protect.
Substantive examination: INAPI will conduct a substantive examination to verify if the trademark meets the legal requirements to be registered. In this stage, it will be analyzed whether the trademark is distinctive, not generic, and does not infringe on third-party rights.
Publication in the Official Gazette: If the application is approved, the trademark is published in the Official Gazette so that any third party who considers that the trademark should not be registered can file an opposition. This stage lasts 30 days.
Granting of registration: If there are no oppositions or if they are resolved in favor of the applicant, INAPI grants trademark registration, giving the owner exclusive rights for a period of 10 years, renewable indefinitely.

Trademark Patent Cost: How Much Does It Cost?

The cost of patenting a trademark in Chile is composed of several concepts:

Filing fees: The initial cost to submit the application to INAPI is approximately 1 Monthly Tax Unit (UTM).
Concession fees: Once the application is approved, concession fees must be paid, amounting to approximately 2 UTM.
Publication in the Official Gazette: The publication has an additional cost that varies according to the length of the published text.

In total, the cost to patent a trademark is usually around 3 UTM. This cost may vary slightly depending on factors such as the type of trademark and the number of classes to be protected. Having the advice of a lawyer specialized in intellectual property can be very helpful to ensure the process is carried out without setbacks.

Te invitamos también a leer el artículo ¿Cómo registrar una marca en Chile? para saber con más detalle el paso a paso.

How to Patent a Clothing Trademark in Chile

If you want to patent a clothing trademark, the process is similar to any other type of trademark, but there are some points you should consider specifically for the textile sector. Clothing trademarks usually include both the company name and logo and, in some cases, even distinctive elements such as labels or design patterns.

Steps to Patent a Clothing Trademark

Define the trademark elements: Before starting the registration, make sure to clearly define the elements you want to protect, such as the name, logo, or any other distinctive sign that identifies your clothing trademark.
Select the appropriate class: Clothing trademarks are generally registered under class 25 of the Niza Classification, which includes clothing, footwear, and headgear. It is important to select the correct class so that the protection is effective and covers all the products you want to market.
Conduct the prior art search: Verify if the trademark is already registered by another company. This is crucial to avoid the application being rejected.
Submit the application: Submit the application to INAPI with all the necessary information, including the distinctive elements of the trademark and the class of products you want to protect.

Registering a clothing trademark will grant you exclusive rights to use the name and visual elements of the trademark, which is essential to avoid counterfeits and ensure the authenticity of your products in the market.

How Can I Patent a Trademark?

Patenting a trademark is a process that any person or company interested in protecting their commercial identity can carry out. Below, we give you some tips to facilitate the process and ensure that your trademark is well protected:

Conduct a prior search: Esto es fundamental para asegurarte de que tu marca no tenga conflictos con otras ya registradas. Puedes hacer esto en la base de datos de INAPI. También puedes revisar el artículo “¿cómo saber si una marca está registrada?” para evitar rechazos.
Prepare all documentation: Make sure you have all the necessary information before submitting the application, including the name, logo, and description of the products or services you want to protect.
Consider hiring a specialized lawyer: An intellectual property professional will help you submit the application correctly and avoid errors that could delay the process or cause the application to be rejected.

Frequently Asked Questions about Patenting a Trademark

What Is Patenting a Trademark and What Is the Difference from Trademark Registration?

Patenting a trademark, technically speaking, refers to trademark registration. A patent, on the other hand, is an exclusive right over an invention. In the case of trademarks, the term trademark registration is used to indicate that a distinctive sign is being protected, while patenting applies more to innovative products or processes.

How Much Does It Cost to Patent a Trademark and What Are the Associated Costs?

The cost of patenting a trademark includes the filing fee (around 1 UTM), the concession fee (around 2 UTM), and the cost of publication in the Official Gazette. In total, the cost is around 3 UTM, although it may vary depending on the type of trademark and the classes to be protected.

Where Should I Go to Patent a Trademark in Chile?

To patent a trademark in Chile, you must go to the Instituto Nacional de Propiedad Industrial (INAPI). You can carry out the process online through the INAPI website or in person at their offices.

How Long Does the Process of Patenting a Trademark Take?

The process to patent a trademark can take between 6 months and 1 year, depending on the complexity of the case and whether there are oppositions during publication in the Official Gazette.

How Long Does Protection Last When Patenting a Trademark?

The protection of a registered trademark lasts 10 years from the date of grant and can be renewed indefinitely for equal periods.

What Rights Do I Obtain When Patenting a Trademark?

When patenting a trademark, you obtain exclusive rights over its use. This means that no one else can use the name, logo, or any protected element without your authorization, thus preventing misuse or unfair competition.

What Is the Process to Patent a Trademark in Chile?

The process to patent a trademark in Chile includes the submission of the application, the substantive examination by INAPI, the publication in the Official Gazette, and finally, the granting of registration if there are no oppositions.

What Happens if I Don't Renew My Trademark Patent?

If you do not renew your trademark registration after 10 years, you will lose exclusive rights over it, and anyone may use it or register it again.

Is It Mandatory to Patent a Trademark to Use It Commercially?

It is not mandatory to patent a trademark to use it commercially, but it is highly recommended. Registering the trademark gives you legal protection and allows you to prevent others from using your business name or logo without your authorization.

Can I Patent a Trademark if I Am a Foreigner?

Yes, foreigners can patent a trademark in Chile, but they must have a legal representative residing in the country to manage the process.

What Types of Trademarks Can Be Patented?

In Chile, product trademarks, service trademarks, collective trademarks, certification trademarks, and three-dimensional trademarks can be patented, among others.

How to Avoid Conflicts When Patenting a Trademark?

To avoid conflicts when patenting a trademark, it is essential to conduct a prior art search and ensure that the trademark is sufficiently distinctive to not cause confusion with others already registered.

What to Do if Someone Infringes My Already Patented Trademark?

If someone infringes your trademark, you can initiate legal action to protect your rights. This includes sending a cease and desist letter and, if necessary, filing a lawsuit before the competent courts.

Benefits of Patenting a Trademark with Us

Patenting a trademark is an important decision to protect the identity of your business and ensure that no one else can use your trademark without your authorization. At Registro de Marcas Chile, we offer the following benefits when registering your trademark with us:

Instant Availability: We immediately verify if the trademark you want to register is available.
Total Trademark Protection: We offer legal protection to prevent any misuse of your trademark.
Registration Guarantee: If the first trademark is not accepted, we help you with a second registration at no additional cost.
Constant Monitoring: We immediately notify you if there is any type of conflict related to your trademark.
Tailored Advisory: You will receive the advisory you need throughout the registration process.
Smart Strategies: We use advanced technology for the protection of your trademark.

Protect your business and ensure the future of your trademark today by visiting Registro de Marcas Chile. We are here to help you at every step of the process.

How to Patent a Trademark: How to Do It and Why It Matters