Trademarks are signs that serve to distinguish products or services in the market.
Such signs may consist of words (including personal names), letters, numbers, figurative elements such as images, graphics, symbols, combinations of colors, sounds, odors or 3-dimensional shapes as well as any combination of these signs. When the signs are not intrinsically distinctive, registration may be granted if they have become distinctive through their use in the Chilean market.
Advertising or publicity slogans may also be registered, provided that they are linked or attached to a registered trademark of the product or service for which they are to be used. The law expressly excludes certain signs that cannot be registered as trademark (eg, flags or insignias of countries or international organizations; the shape or color of the goods or packaging, or the color itself; or signs which are contrary to public policy or morals).
The owner of the trademark has the exclusive right to use it in the course of trade to distinguish the goods or services covered by the registration, and therefore may also ban any third party from using identical or similar marks for goods or services without their consent.
The owner may, however, not prevent third parties from using the trademark with respect to products legitimately marketed in any country under that trademark by said owner or with their express consent. Furthermore, the owner of a trademark may not prevent third parties from using their name or pseudonym or the name of their predecessor in business, or the use of geographical terms or indications concerning the kind, quality, variety, origin, nationality, provenance, intended use, weight, value, texture, characteristics or other descriptive terms contained in the trademark of the trademark owner, if they are intended to designate or inform precisely about the geographical origin, kind, quality, variety, origin, nationality, source, intended use, weight, value, characteristics or other descriptive characteristics of a good or service, unless the use of these names, pseudonyms or indications are used in a way that may mislead or confuse consumers.
Beginning in 2022, Law No. 19,039 on Industrial Property also recognizes so-called collective marks (ie, signs or combinations of signs which are capable of distinguishing on the market the goods or services of the members of an association from the goods or services of third parties), as well as certification marks (ie, signs or any combination of signs which are capable of distinguishing on the market the products or services of third parties), and guaranteeing that they meet common requirements and characteristics. Applications for registration of collective or certification marks must be accompanied by regulations for use that must comply with certain requirements.