Types of trademarks that can be registered in Chile
Knowing the Types of trademarks that can be registered in Chile is essential to correctly choose how to protect the name, logo, sound, shape, design or other distinctive sign of a business. Trademark registration in Chile is processed before the National Institute of Industrial Property, INAPI, and the exact way in which the application is filed depends on the type of sign that the applicant wants to protect.
Before filing an application, it is advisable to review how to register a trademark in Chile step by step and analyze whether the sign should be applied for as a word, an image, a combination of both or as a non-traditional trademark. This decision is not merely formal: it may influence the scope of protection, the future use of the trademark and the way in which third parties may compare it with earlier signs.
INAPI explains that a trademark may consist of words, combinations of words, numbers, letters, symbols, drawings, sounds and other elements capable of distinguishing goods or services in the market. For this reason, understanding the Types of trademarks that can be registered in Chile helps make a strategic decision from the beginning.
How to choose among the Types of trademarks that can be registered in Chile
Before filing an application, it is not enough to know which Types of trademarks that can be registered in Chile exist. It is also important to understand which one is appropriate according to the real way in which the business will use its trademark.
If the most important element is the name, it is usually advisable to assess a word mark. If the main value lies in a symbol or image without words, a figurative mark may be more appropriate. If the business already uses a complete logo with a name, design, colors or graphic elements, a combined mark may be a good alternative.
On the other hand, if the identity of the business relies on a sound, a package shape, a visual pattern, an animation or a specific position of the sign on the product, it may be necessary to review other Types of trademarks that can be registered in Chile, such as sound marks, three-dimensional marks, pattern marks, motion marks or position marks.
To make that decision, it is first useful to understand what is a trademark and how to protect it, because each type of trademark protects a different aspect of the sign.
Word mark
Among the main types of trademarks that can be registered in Chile is the word mark, referred to by INAPI as “word or denomination.” It is used when the trademark consists exclusively of words, letters, numbers or other standard typographic characters, without claiming any graphic design, color, image or special visual form.
This type of trademark is represented only through writing. According to INAPI, it is the only type of trademark that does not require a description of the sign. This means that protection focuses on the verbal expression, that is, on the name itself, regardless of the graphic form in which it may be used commercially.
A word mark is usually convenient when the main distinctive value lies in the name of the trademark. For example, it may be appropriate for a startup that wants to protect the name of an application, a company that will use the same trademark with different designs, or a business that does not yet have a final graphic identity. Among the types of trademarks that can be registered in Chile, the word mark is often especially useful when the goal is to protect the word beyond the logo used at each stage of the business.
If the main objective is to protect the business name, before applying it is advisable to conduct a search for registered trademarks in Chile to detect possible matches or similarities with earlier signs.
Figurative mark
Another of the types of trademarks that can be registered in Chile is the figurative mark, which INAPI calls a “label.” It corresponds to signs consisting only of figures, images, combinations of colors, symbols or drawings, without including words, letters or numbers.
In this case, the image of the trademark is essential for the procedure. The applicant must submit it exactly as they want it to be registered, because protection will be directly linked to that graphic representation. For this reason, this type of trademark is useful when the main distinctive element is an icon, symbol, drawing, emblem, visual composition or wordless design. For example, it may be used to protect a symbol that appears on products, labels, applications, packaging or graphic materials, even if it does not include the business name. This type of application requires special care because protection will be closely linked to the image submitted before INAPI.
A figurative mark may be especially relevant for businesses that use a recognizable symbol, a visual identification image or a graphic element that the public directly associates with their goods or services. However, if the logo includes words or letters, it will normally not be appropriate to apply for a purely figurative mark, but rather for a combined mark.
Combined mark
Within the types of trademarks that can be registered in Chile, the combined mark is one of the most commonly used. According to INAPI, it corresponds to a sign consisting both of figures, images, combinations of colors, symbols or drawings, and of letters, words and/or numbers.
A combined mark therefore brings together word and graphic elements. It is the usual option when the applicant wants to protect a complete logo that includes the trademark name together with a design, symbol, special typography, colors or a specific visual composition. In practice, many companies begin with a combined mark because they already have a defined logo and want to protect the way in which the public visually recognizes their identity. However, if the name will be used in different formats, it may also be advisable to assess a complementary word mark application.
INAPI states that, as with figurative marks, the image of the combined mark is essential for the procedure and must be submitted when filing the application. In addition, there must be consistency between the denomination of the trademark and its representation.
This type of registration may be useful when the business already has a defined visual identity and wants to protect the specific way in which the trademark is presented in the market. However, it is important to consider that a combined mark does not necessarily protect the name with the same breadth as a word mark, because the application also includes specific graphic elements.
You can review official information from INAPI about the types of trademarks that can be registered in Chile.
Other Types of trademarks that can be registered in Chile
In addition to the traditional trademarks explained above, Chile recognizes other types of trademarks that can be registered in Chile. These include sound marks, pattern marks, three-dimensional marks, position marks, motion marks, multimedia marks and hologram marks.
Sound mark
The sound mark is also part of the types of trademarks that can be registered in Chile. INAPI defines it as a sign consisting of sounds or a combination of sounds that have the ability to distinguish a specific business origin.
This type of trademark may be relevant for jingles, musical sequences, corporate sounds, audio effects or sound combinations that identify goods or services. For its prosecution, INAPI requires a graphic representation through musical notation and, in addition, an audio file with the recorded sound exactly as the applicant wants it to be registered.
A sound mark may have special value in industries where sound performs a commercial identification function, such as advertising, technology, entertainment, media, applications, digital services or products that use distinctive sounds as part of their user experience.
Pattern mark
The pattern mark is another of the types of trademarks that can be registered in Chile recognized by INAPI. It consists exclusively of a set of word and/or figurative elements that are repeated periodically.
This type of trademark may be relevant for repeated designs on packaging, fabrics, surfaces, products, labels, wrappers or visual elements that are used consistently to identify a business origin. The key is that the pattern must not be a simple common ornament, but must have distinctive capacity to identify goods or services in the market.
Three-dimensional mark
A three-dimensional mark consists of, or includes, a three-dimensional shape. INAPI mentions within this category containers, packaging, the product itself or its appearance.
This type of trademark may be important when the shape of the product, its packaging or its presentation has its own distinctive value. For example, certain containers, bottles, packaging or special shapes may function as distinctive signs if they allow the public to associate that shape with a specific business origin.
However, three-dimensional marks usually require careful analysis, because not every product or packaging shape can be registered as a trademark. It must have distinctive capacity and must not simply be a functional, common or necessary shape for the type of product.
Position mark
A position mark protects the specific way in which the trademark is placed or appears on the product. In this case, the relevance is not only in the sign considered in isolation, but also in its specific location on the product.
This type of trademark may be useful when a distinctive element always appears in a particular area, with a specific arrangement that allows the business origin to be identified. To assess whether it is appropriate, it is important to analyze whether that position truly performs a trademark function and whether it can be clearly represented in the application.
Motion, multimedia and hologram marks
Among the types of trademarks that can be registered in Chile are also motion marks, multimedia marks and hologram marks.
A motion mark corresponds to a sign composed of a movement or a change in the position of the elements of the trademark, or which includes them. It may be relevant for animated signs, visual sequences or dynamic elements used in digital environments.
A multimedia mark consists of, or includes, a combination of image and sound. It may be especially useful for trademarks presented through short audiovisual pieces, digital identifiers or communication elements that simultaneously integrate image and audio.
A hologram mark, in turn, includes elements with holographic characteristics that create a particular visual effect. This type of protection may be relevant when the optical effect of the sign has distinctive capacity and forms part of the commercial identity of the product or service.
Non-traditional trademarks
When analyzing the types of trademarks that can be registered in Chile, it is also important to consider non-traditional trademarks. INAPI mentions that there may be other signs not expressly regulated, such as smells, textures and tastes, provided that they are sufficiently distinctive and can be represented or reproduced in the register in a clear, precise, complete, accessible, intelligible, durable and objective manner.
These trademarks present greater challenges because they must meet strict requirements of distinctiveness and representation. The sign must not only be original; it must also identify goods or services of a specific business origin.
For this reason, before applying for a non-traditional trademark, it is advisable to carry out a deeper prior analysis. The central question is not only whether the sign exists, but whether it can truly be perceived by the public as a trademark and whether it can be properly represented in the register.
Type of trademark and category of trademark are not the same
When reviewing the types of trademarks that can be registered in Chile, it is also useful to distinguish between the type of trademark and the category of trademark. The type refers to the form of the sign: word, figurative, combined, sound, three-dimensional, position, pattern, motion, multimedia, hologram, olfactory or tactile, among others.
The category, on the other hand, relates to what the trademark will distinguish. INAPI includes, for example, trademarks for goods, services, commercial establishments, industrial establishments, advertising slogans, collective marks and certification marks, among other possibilities.
This difference is relevant because an application must correctly define both the type of sign and the scope or category intended to be protected. Registering a trademark to distinguish goods is not the same as registering one for services, and protecting a denomination is not the same as protecting a graphic design or a three-dimensional shape.
To review the appropriate classification, it may be useful to consult the INAPI goods and services classifier.
Why it is important to choose the correct type of trademark
Choosing correctly among the types of trademarks that can be registered in Chile is important because legal protection will depend on the exact way in which the sign has been applied for. A word mark does not protect the same thing as a combined mark, nor does a figurative mark protect the same thing as a three-dimensional mark.
If only the logo is registered, the word may be less protected. If only the word is registered, a specific graphic composition may not be protected. If a combined mark is applied for, the protection will be linked to the whole formed by the name and the design. For this reason, the correct strategy depends on how the trademark is used and which element the applicant wants to protect more strongly.
In some cases, it may be advisable to file more than one application: a word mark for the name and a combined mark for the complete logo. This must be assessed case by case, considering the budget, the commercial activity, the classes involved and the level of risk in relation to third parties.
It is also important to bear in mind that INAPI carries out a formal examination, publication and then a substantive examination, in which it analyzes possible similarities or identities with trademarks previously registered or applied for, in addition to other grounds for refusal. Therefore, the choice of the type of trademark must be accompanied by an appropriate trademark strategy for searching, classifying and filing the application.
Conclusion
Understanding the types of trademarks that can be registered in Chile makes it possible to choose a more precise and appropriate protection strategy for each business. The decision between a word, figurative, combined, sound, three-dimensional or non-traditional trademark may directly influence the scope of registration and the way in which the trademark will be protected against third parties.
Before filing an application before INAPI, it is advisable to define what the applicant wants to protect: the name, the logo, both, a shape, a sound, a position, a pattern or another distinctive sign. This initial definition can prevent mistakes, reduce risks and strengthen trademark protection from the beginning.
If you do not know whether it is better to protect only the name, the complete logo, a shape, a sound or another distinctive sign, a prior review can help avoid mistakes before filing the application. At Start Click®, we can help you define which of the types of trademarks that can be registered in Chile best fits your business and prepare a protection strategy aligned with the real way in which you will use your trademark in the market.