SOUND MARKS IN CHILE

By Rodrigo Sammut

Among the different types of marks, sound marks have been recognized in recent years as capable of trademark protection, in Chile. The problem arose from that according to the previous law, a mark was a “visible sign“. As part of the international commitments of Chile, the trademark definition was modified as follows:

Any sign capable of graphic representation is able to distinguish in the market products, services or industrial or commercial establishments can understand.”

Granting such a protection to sound marks supposes to recognize the ability to distinguish commercial origin and differentiate goods and services from those of other undertakings.

INAPI guidelines indicate the steps to obtain the registration of such marks. A sound recording and a graphic description of it must accompany the trademark application.

The sound recording is provided in an electronic format, such as an mp3 or wav format. As for the graphic description, it is generally accepted a pentagram with its melody, rhythm and harmony. The necessary graphic representation required by law results in the publication of this pentagram, in the Official Journal, and not the electronic support of the sign.

Example:

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Graphical representation of the registered trademark Nº 775 485 in Class 36, on behalf of ALLIANZ AKTIENGESELLSCHAFT.

For those trademarks that are not capable of representation with a pentagram, such as the roar of a lion, the Tarzan’s scream, the sound of a Harley-Davidson motorcycle, it can be represented with an onomatopoeia and together with a description of the sound.

 

The late inclusion of such trademark responds in an increasing use of melodies in the market that enable consumers to identify a good or service, allowing to repeat the shopping experience and differentiate it from competing products.

If you are interested in registering a sound mark in Chile, contact us info@andesip.com