The new Industrial Property Law (also called Short IP Law) introduced modifications in the duration of the protection of Industrial Property Rights. While trademarks continue to be protected for 10 years, the law modifies the duration and/or method of payment of patent rights, designs: –......
Trademark obligation of use ...
Good news for Chilean companies! As of today, July 4, 2022, Chile is officially Member to the Madrid Protocol (WIPO). The Madrid Protocol (also called the Madrid System) consists of a legal instrument that facilitates the processing of a trademark at the international level, among......
The modifications to Law 21,355, entered into force on May 9, 2022, include the introduction of Provisional Patents in the legal apparatus in Chile. This type of patent is common in other jurisdictions such as the United States, Australia or Portugal. In recent years, numerous......
Last May 9, 2022, entered into force the new IP Law in Chile. In a prior article, we informed of the different modifications, https://andesip.com/2021/05/25/modification-to-the-ip-law-in-chile/?lang=en In this entry, we would like to compare the two ways to obtain an IP right on a design in Chile.......
After 2 years, the “Short Industrial Property Law” was approved on April 20, 2021, with the purpose of facilitating the processing, modernizing the registration of rights before Chilean PTMO, thus approaching international standards to which Chile has committed to through a series of International Treaties.......
The Chilean TMO has recently reconsidered its provisional refusal of the AFP mark requested by the renowned news agency “Agence France Presse” to distinguish news agencies services (class 38). Initially, the TMO considered that AFP could not be registered because it was misleading with the......
National phase PCT in Chile have to be filed by month 30 from the priority date, before the Chilean Patent Office (INAPI). If the deadline has expired, the Patent Office could restore the rights of the applicant in very exceptional cases such as force majeur......
Chile: New Industrial Property Law Results in Interesting Changes for Designs INTA (International Trademark Association) has published in its Bulleting an article from our partner, Rodrigo Sammut, member of the Design Committee (Design Law and Practice Subcommittee), about the possible modifications related to designs in the new......
Andes IP, thanks to its lawyer Andrea Lobos, has successfully defended the French company WONDERBOX SAS, owner of the famous trademark WONDERBOX, against a trademark application in Chile, WONDERBOX, in class 35....
PPH or how to speed up patent filing procedures. In recent months, the Chilean Patent Office has signed several bilateral and multilateral agreements called PPH (Patent Prosecution Highway) with other Patent Offices, which seeks to speed the patent procedures between the countries participating in the......
As a trademark attorney, I think my brain may be altered as I am constantly asking myself if a new store, a new e-commerce or a new company has registered its trademark. I am pretty sure you already set a nice and friendly website,......
Reached month 30 of our PCT application, it’s time to decide in which countries we have more interests. The attractive Chilean market is interesting for applicants of these rights. Then let’s see what are the points to be considered for correctly nationalize our application in......
By Rodrigo Sammut A proactive policy of trademark management within a company requires both an adequate strategy in registering national and international trademarks, but also to make sure there is a use of this intangible asset in order to create value. The trademark audit is......
By Andes IP Andes IP participated, together with its partner Andrea Lobos, to the international meeting BIOLATAM, on biotechnology, held this November in Santiago de Chile....
– Andes IP – On November 14 , our partner Andrea Lobos was interviewed by Juan Pablo Matté on the program Agenda Agricola, by CNN Chile....
By Rodrigo Sammut Chile remains an attractive market for foreign investment and entrepreneurship. In 2012 a record was reached in the number of trademark applications, with 28.633 applications in the first 9 months of the year. In 2015, that figure reached the number of 31,047......
We are pleased to congratulate our partner Andrea Lobos for her appointment as member of the INTA’s Geographical Indications Committee (www.inta.org). Said appointment recognizes her commitment to develop and promote IG, 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......
Trademark of B&O registered before OHIM. By Rodrigo Sammut More and more products and services have a package that aims to capture the visual attention of the consumer and to allow the repetition of the act of purchase in time. Companies spend a significant......
By Rodrigo Sammut In processing an international PCT patent, month 30 (or 31 in some countries) from the date of the first presentation, is the deadline to decide which countries are of real interest in our patent strategy protection. Since the PCT international phase......
By Rodrigo Sammut In 2011, a Chilean citizen, Cristian Ciudad Cueto, applied for the trademark CROSSFIT and registered it, for Class 41 (organization of sport events). Said person passed a certification from CROSSFIT, Inc. in order to teach this sport method in Chile. However, he......
By Rodrigo Sammut Opposition is an administrative procedure that allows third parties to present arguments against the registration of a trademark application, due to the existence of prior rights or based on absolute grounds in Chile. In Chile, oppositions must be submitted within 30......
ANDES IP is glad to announce it joined the ORIGIN network, making it the first firm of Chile to be part of this partnership. This network is made up of the different actors (producers, producer organizations lawyers …) interested in the promotion and protection of......
After a staying in Hamburg, to attend the 34th annual meeting of ECTA, we continued our tour of Europe, visiting Alicante. This Spanish city on the Mediterranean sea, is home to the OHIM (Office for Harmonization in the Internal Market), and we took this opportunity......
By Rodrigo Sammut The application of a trademark carries the inherent risk of rejection on absolute grounds (descriptive mark, lacking distinctiveness, against public order) or relative grounds (existence of prior rights that are identical or similar). This uncertainty jeopardizes the registration of a trademark and......
For the first time, Andes IP will attend the Annual Meeting of the ECTA (European Communities Trade Mark Association) to be held in the German city of Hamburg. We will take the opportunity to strengthen ties with our friends and foreign associates in the European......
By Rodrigo Sammut Today begins the visit of Chinese Prime Minister, Li Keqiang, to Chile. This is the last stop of Mr. Li’s tour to the countries members of the Pacific Alliance in South America. This area has become strategic in trade relations between Asia and Latin......
Sporting events and trademarks – Copa America Chile 2015 By Rodrigo Sammut Sporting events are great business opportunities and move large sums of money. In these events such as Copa America Chile 2015 which begins in a few weeks, companies invest large sums of......
By Rodrigo Sammut Right now, from 11 to 21 May, it is being discussed at the headquarters of WIPO (World Intellectual Property Organization) a new Act of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration. The Lisbon Agreement was......