Does not include operating costs. Price per class.
Count on him trademark registration with INAPI It will grant dominion over the brand name and thus prevent third parties from making unauthorized use of it. In Lexum, we advise and guide you throughout the process of registering your trademark with the National Institute of Industrial Property.
We are a legal firm that was born offering services related to brands and intellectual property, so we have experience and specialized teams in giving you the best solutions and alternatives to your problems and requirements. Request your free consultation today.
Once the contract is made, you will receive access to our exclusive platform for clients, where you can perform 24/7 monitoring to your trademark registration application contracted with Lexum.
We are a legal company that has the mission of positively revolutionizing the way in which legal services are provided in Chile. We invite you to live the experience.
Through our app, our clients can follow up their cause with us 24/7, isn't that great?
As a company, we have the highest quality standards, not only at the level of procedures, but also in our pre and post sale commercial attention; attending and resolving any requirement in a friendly manner and always with a good disposition.
We all like to experience a first-rate service experience, not only before the sale, but throughout the entire process. There will always be someone to assist you and resolve your doubts.
In addition to all of the above, we use the highest standards in our procedures and cases, always being alert and proposing the best legal strategies for each service. For us, it will not be just another number or customer.
All values are for the number of classes to be registered.
* UTM reference variable value: $50.000.-
Stage 1: Application entry
Once the trademark application has been submitted, INAPI will carry out the form test of your trademark, in the case of determining the existence of an observation, we have a period of 30 business days to reply.
Stage 2: Publication in the Official Gazette
Once the acceptance resolution for processing has been issued, the client has a deadline of 20 working days to make the payment in the official gazette.
The payment of the publication will be determined directly by the website of the Official Gazette, which will depend directly on the extension of the publication.
Deadline for Oppositions
At this stage, your trademark will be published for 30 business days in the official gazette, a period in which a third party, either a natural or legal person, can claim opposition.
Said oppositions are of an eventual nature and if they occur we have a period of 30 working days to answer them.
Deadline for Substantive Observations
At this stage INAPI ex officio can issue a resolution of substantive observation, this means that there is a trademark equal or similar to yours registered in the same class.
If a substantive observation is issued, we have a period of 30 business days
to answer. If no substantive observation is issued, your trademark will be accepted for registration.
Stage 3: Resolution to oppositions or observations (if any)
In the event of the existence of substantive observations, oppositions or both, INAPI has an undefined period to issue a final resolution of either acceptance or rejection of its trademark.
Stage 4: INAPI ruling - Concession of trademark registration
Favorable judgment: In this case, INAPI will issue the final resolution of acceptance to registration, having to pay the final fees corresponding to 2 UTM per class.
Rejection sentence: In this case INAPI issues a rejection resolution,
for not complying with the requirements established in the Industrial Property Law, being able to appeal to the Industrial Property Court within a period of 15 business days.
Rejection sentence: Appeal
In the case of having a rejection in the first instance, it will be analyzed
by the legal team to indicate the real possibilities of filing an appeal before the Industrial Property Court, which consists of oral arguments made by our lawyers, where it is sought to revoke the INAPI ruling.
Generic or that allude to the item, cities or places of origin, countries, national emblems, shields, etc ...
Some examples of trademarks that cannot be registered:
Some examples that can be registered:
Formula: Generic word + Proper name or distinctive word.
If the trademark owner does not wish to dispose of the ownership of his trademark, but wishes to exploit it by authorizing the use of it to a third party, he can do so, and the most usual way is to grant a license (or authorization) for use. If a price is obtained in exchange for this authorization, it is said that this is an act of exploitation of the brand. The advantages of licensing a brand are varied, since it allows generating a very important extra notoriety and constitutes a relevant source of income.
The owner of a registered trademark can license his trademarks to other companies. In this case, ownership is maintained and one or more companies are simply authorized to use the trademark (s). The license is an authorization to use the trademark in the territory where it is registered, and allows the licensee to use said sign without fear of being sued by the owner, who has exclusive rights over it. The holder, for his part, can obtain additional income in this way.
In practice, trademark licenses are often granted under broader agreements, such as franchise agreements, or agreements that include the licensing of other intellectual property rights, such as patents, knowledge, specialized and technical assistance with a view to producing a certain product.
The license to use a trademark will not produce effects against third parties if it is not noted outside the registry in INAPI, for which the registration of the license must be requested by filling out a form specially made available to our users, "FPI-30" , attaching in original or authorized copy the copy of the document containing the license, and paying the legal rights within the legal term. (The payment of rights of a transfer is 1 UTM, for each record to be transferred and the term is 60 business days from the acceptance of the transfer).
Classes come from Nice international classifier for trademark registration. The same as INAPI used for procedures. Each record must be made by choosing classes ranging from 1 to 45, where classes 1 to 34 describe products and 35 to 45 services activities.
You can access the list of classes here: https://webaccess.wipo.int/mgs/static/notes-es.html#toc
Or you can search for your class here: https://ion.inapi.cl/Marca/ClasificadorNiza.aspx