The importance of registering your trademark
The importance of registering your trademarkProtect your name or sign by securing exclusive rights
The importance of registering your trademark lies in protecting your name or sign. This protection extends throughout the entire national territory. In addition, registering your trademark grants you the exclusive right to use your sign in connection with the products and services for which protection was obtained in Chile.
Similar signs will be rejected by INAPI
Another key reason to register your trademark in Chile is that the National Institute of Industrial Property (INAPI) will reject the registration of a mark that is similar to a previously registered trademark. This is without prejudice to the right of the owner of that prior mark to file an opposition to prevent the registration.
The importance of registering your trademark to use the ® symbol
The ® symbol
Registering your trademark also gives you the right to use the ® symbol. This symbol proves that the trademark has been duly registered and enjoys legal protection.
The ® symbol signals to competitors that you take the protection of your trademark rights seriously, within the territorial limits of your protection — in this case, throughout Chile.
On the other hand, using the ® symbol without proper registration is illegal and may lead to sanctions. Such conduct may result in fines and penalties depending on the severity of the infringement.
Additionally, the use of the ® symbol is required in Chile for registered trademarks if the owner wishes to exercise criminal actions under Law No. 19.039. However, not using the ® symbol does not affect the validity of the trademark registration nor prevent the filing of civil actions.
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The importance of registering your trademark to enforce civil and criminal actions and request customs protection measures
It grants the right to enforce civil and criminal actions
Once your trademark is registered, as its owner you may take legal action against anyone who uses your sign without authorization. These actions include both civil and criminal proceedings.
Civil actions are aimed at obtaining compensation for damages suffered by holders of industrial property rights. Criminal actions, on the other hand, seek to sanction the conduct described in Law No. 19.039, Law No. 17.336 and the Criminal Code.
Furthermore, registering your trademark helps deter third parties from using identical or similar signs. The use of similar signs may create confusion among consumers due to graphic or phonetic similarities, or because they relate to the same or related goods or services.
It allows you to request customs protection measures
Another important benefit of registering a trademark is the possibility of including it in the Customs Service watch lists. If your trademark is duly registered, measures can be taken and actions filed to request that Customs prevent the import or export of goods bearing identical or similar signs that may cause confusion among consumers.
Are you planning to register your trademark in other countries?
Priority rights in other jurisdictions
Finally, one of the key advantages of registering your trademark in Chile is the priority right it grants.
You will have a period of 6 months from the first application to file the same trademark in most countries worldwide. By claiming this priority right, subsequent trademark applications will be considered as filed on the same date as the original application.
This is particularly important in cases where conflicts arise with trademarks filed after your initial application in those jurisdictions.
Now that you understand the importance of registering your trademark… register it with us!