INAPI Trademark Registration: Protect Your Business

INAPI Trademark Registration: How to Protect Your Business Identity?

INAPI (Instituto Nacional de Propiedad Industrial) is the entity in charge of trademark registration in Chile, a fundamental process to protect the name and distinctive signs of a product or service. INAPI trademark registration te otorga derechos exclusivos sobre la utilización de tu marca, asegurando que ningún otro competidor la use sin tu autorización.

At Registro de Marcas we will explain how trademark registration at INAPI works, what types of trademarks you can register, the registration cost, and how to complete all necessary procedures to protect your business identity.

Trademark Registration at INAPI: Process and Types of Trademarks

The trademark registration at INAPI is a process that guarantees exclusive rights over the distinctive signs that represent your company or product. Registering a trademark allows you to prevent third parties from using it without your authorization, ensuring that your commercial identity is protected and backed by law. INAPI allows the registration of various types of trademarks, each with specific characteristics and objectives.

Types of Trademarks That Can Be Registered at INAPI

INAPI offers the possibility of registering different types of trademarks, which adapt to the needs of businesses and organizations. Below we present the main types of trademarks you can register:

Commercial Trademark: This is the most common type of trademark registration at INAPI. It is used to protect the distinctive signs of a product or service. A commercial trademark can be a name, logo, symbol, or any combination that identifies a good or service and differentiates it from competitors.
Collective Trademark: collective trademarks are used to identify products or services offered by a group of people, such as cooperatives or associations. This type of trademark allows the members of an organization to use a common symbol to promote the products or services of group members, ensuring a determined level of quality or characteristic.
Certification Trademark: This type of trademark is used to certify that a product or service meets certain quality standards or technical specifications. Certification trademarks are not used by the trademark owner, but are granted to third parties who meet the specified criteria. This is common in organic products or products with designations of origin.
Advertising Slogan: An advertising slogan is a type of trademark used to highlight a commercial message, accompanying a main trademark. This type of trademark can include slogans or advertising phrases that help communicate the value or benefits of a product or service.

INAPI Trademark Registration Cost: How Much Does It Cost to Protect Your Trademark?

The cost of trademark registration at INAPI depends on several factors, including the type of trademark and the number of classes in which you wish to register your trademark. Generally, the registration cost is divided into three stages:

Submission of the application: The first step to register a trademark at INAPI is to submit the application, which has an approximate cost of 1 Monthly Tax Unit (UTM) per trademark class to be protected.
Publication in the Official Gazette: Once the application is submitted, the trademark must be published in the Official Gazette so that third parties can file oppositions if they consider that the trademark should not be registered. This step also has an associated cost, which varies depending on the number of characters.
Granting of registration: Once the application is approved and the opposition period has ended, concession fees must be paid, amounting to approximately 2 UTM per registered class.

In total, the cost of registering a trademark at INAPI per class is usually around 3 UTM, although it may vary depending on the specific characteristics of the application and the type of trademark.

Trademark Registration at INAPI: How to Complete the Process Step by Step?

Registering a trademark at INAPI is a process that, although it may seem complex, can be simplified if the appropriate steps are followed. Below, we explain how to carry out the registration of a commercial trademark at INAPI, from the submission of the application to obtaining the trademark registration certificate.

How Is a Commercial Trademark Application Submitted?

To submit an application for trademark registration at INAPI, you must follow these steps:

Prior art search: Before submitting an application, it is essential to conduct a search of already registered trademarks to ensure there are no conflicts. You can do this directly in the INAPI database.
Prepare the Documentation: The application must include detailed information about the trademark, such as the name, the type of trademark (commercial, collective, etc.), and the class or classes of products or services to be protected.
Submit the Application Online or In Person: You can submit the application online through the INAPI website or in person at their offices. The application includes payment of the fees corresponding to the submission.
Publication and Opposition Period: Once the application is submitted, the trademark is published in the Official Gazette, and a 30-day period opens for third parties to file oppositions.
Substantive Examination and Grant: If there are no oppositions, or if they are resolved in favor of the applicant, INAPI will proceed to conduct a substantive examination to verify compliance with legal requirements. If the trademark is approved, registration is granted and the INAPI trademark registration certificate is issued.

INAPI Trademark Registration Classes: Classification of Products and Services

The trademark registration at INAPI se realiza de acuerdo con la Niza Classification, which divides products and services into different classes. This classification is important because it determines the scope of trademark protection. For example, if you want to register a trademark for clothing, you must do so in Class 25, which corresponds to clothing, footwear, and headgear. It is possible to register a trademark in more than one class, which will broaden its protection.

It is essential to select the correct class to ensure that protection is effective and that no one else can use your trademark in the specific sector in which you operate.

Frequently Asked Questions about INAPI Trademark Registration

How Is the Search for Registered Trademarks Conducted?

The search for registered trademarks can be carried out through the INAPI database, available on their website. This search allows you to verify if a trademark is already registered or if there is a similar one that could cause conflicts.

How to register a trademark in Chile?

The application is submitted through the INAPI online platform or in person at their offices. It is necessary to complete the application form, pay the corresponding fees, and attach the required documentation.

Puedes leer nuestro artículo: cómo registrar una marca en Chile para ver el paso a paso a través de Registro de marcas.

What Documents Must Accompany a Commercial Trademark Application?

The application must include detailed information about the trademark (name, logo, type of trademark) and the classification of products or services. Additionally, it is necessary to include proof of payment of the fees.

What Is the Cost of a Commercial Trademark Application?

The total cost of registering a trademark at INAPI is usually around 3 UTM per class, including submission of the application, publication in the Official Gazette, and concession fees.

How Long Does a Trademark Registration Last?

Trademark registration has a validity period of 10 years, counted from the date of grant. This period is renewable indefinitely for equal periods.

When Should I Renew a Trademark Registration?

You must renew your trademark registration every 10 years. It is important to renew before the expiration date to not lose exclusive rights over the trademark.

What Is the Deadline to Pay the Renewal Fee?

The deadline to pay the renewal fee is 6 months before the registration expires. If payment is not made on time, there is a grace period to complete the renewal, but with an additional cost.

How Is the Transfer of a Trademark Application Conducted?

The transfer of a trademark application can be carried out through an administrative procedure before INAPI, where the ownership of the application is transferred to another person or entity. This is common in business sale or merger situations.

Protect Your Trademark with Registro de Marcas Chile

The INAPI trademark registration is essential to ensure the protection of your commercial identity and prevent third parties from using your trademark without authorization. At Registro de Marcas Chile, we offer a complete solution to protect your trademark, with the following benefits:

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 to us.
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 in the registration process.
Smart Strategies: We use advanced technology for the protection of your trademark.

Protect the future of your business and ensure the exclusivity of your trademark today. ¡Empieza tu registro ahora!