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How to Register a Trademark in Chile from the USA

TrademarkInChile Attorneys··5 min read

If you are a US-based business expanding into Latin America, Chile should be near the top of your list. With the US-Chile Free Trade Agreement in force since 2004 and one of the continent's most stable economies, Chile is a natural market for American brands. But to protect your brand there, you need a Chilean trademark registration — your US registration does not apply.

This guide walks you through the complete process of registering a trademark in Chile from the United States, including costs, timeline, and everything you need to get started.

Why Register Your Trademark in Chile?

Trademark rights are strictly territorial. A registration with the United States Patent and Trademark Office (USPTO) gives you exclusive rights within the United States only. The moment your products are sold, distributed, or advertised in Chile — or when a local competitor starts using a confusingly similar name — you have no legal protection unless you have a Chilean registration.

Chile offers a clear legal framework for foreign trademark owners. The country is a member of the Paris Convention, the TRIPS Agreement, and the Madrid Protocol, meaning international IP standards are fully recognized. A registered trademark in Chile gives you exclusive rights for 10 years, renewable indefinitely, and is enforceable through INAPI (the National Industrial Property Institute) and the Chilean courts.

Beyond legal protection, having a Chilean trademark registration signals to local distributors, partners, and retailers that you are a serious brand owner — one that has done the work to protect its intellectual property in the market.

Who Can Register a Trademark in Chile?

Any foreign individual or company can register a trademark in Chile. There are no residency or nationality requirements. However, Chilean trademark law requires that foreign applicants appoint a local attorney to represent them before INAPI. This is a legal requirement, not optional.

At TrademarkInChile, we act as your legal representative before INAPI. You do not need to hire a separate local agent or find someone in Chile. We handle all correspondence, filings, and communications on your behalf — entirely in English.

You do not need to be physically present in Chile at any point in the process. Everything is handled remotely.

Step-by-Step Process

Here is what happens from the moment you contact us to the day your trademark certificate is delivered:

Step 1 — Prior Art Search (Free) Before filing, we search INAPI's trademark database to confirm your mark is available in the class or classes you need. This step identifies potential conflicts early and is included at no extra cost.

Step 2 — Power of Attorney You sign a simple digital power of attorney authorizing us to represent you before INAPI. This document is signed electronically — no notarization, no apostille, and no embassy visit is required.

Step 3 — Application Filing We prepare and file your complete trademark application with INAPI. This includes the official application form, class selection, specimen (if applicable), and all required documentation.

Step 4 — INAPI Examination INAPI reviews your application to ensure it meets all formality and substantive requirements. If any issues arise — known as office actions — we respond on your behalf, included in your filing fee.

Step 5 — Publication and Opposition Period Once approved by the examiner, INAPI publishes your mark in the Official Gazette. Third parties have 30 days to file an opposition. In the vast majority of cases, no opposition is filed.

Step 6 — Grant and Certificate Once the opposition period passes without incident, INAPI grants the trademark and issues an official registration certificate. We deliver this to you digitally.

Costs for US Clients

Our pricing is structured in two phases, aligning our incentives with yours:

  • Filing Fee: $250 USD per class — covers INAPI official fees, full attorney representation, the prior art search, and power of attorney preparation
  • Success Fee: $200 USD per class — due only when your trademark is officially granted by INAPI
  • +5% international transfer fee applies to all payments
  • PayPal accepted — no wire transfer required

Most US clients register in one to three Nice Classification classes. Class 35 (retail and business services), Class 25 (clothing), Class 9 (software and technology), and Class 43 (restaurants and cafés) are the most common.

There are no hidden fees. No notary costs. No apostille or certified translation required. The filing fee covers everything needed to get your application filed and actively managed.

Timeline

The typical INAPI registration process takes 5 to 8 months from filing to grant. This includes the examination period, the publication window, and the final grant steps.

Two factors can extend this timeline:

  1. Office actions — If INAPI raises an objection, we respond on your behalf. This adds weeks, not months, in most cases.
  2. Third-party oppositions — Rare, but if a competitor files an opposition during the publication period, the process takes longer while INAPI adjudicates.

For most US clients with a clear mark and no conflicts in the prior art search, the process runs smoothly within the standard timeline.

The Power of Attorney — No Notary Required

One of the most common concerns from US clients is the paperwork. Chilean law does require a power of attorney to appoint a local attorney, but INAPI accepts digitally signed documents. You do not need to visit a notary, have the document apostilled, or deliver a physical original to Chile.

We send you a simple one-page document by email. You sign it electronically (DocuSign or a simple e-signature). We file it with INAPI. That is the entire process.

Start Your Registration Today

Chile is one of the best-governed IP markets in Latin America, and protecting your brand there is both affordable and straightforward with the right representation. Whether you are launching a new product line in Santiago, distributing through Chilean retailers, or simply locking down your brand before a competitor does, a trademark registration is a worthwhile investment.

The filing fee is $250 USD per class. The process takes 5 to 8 months. Everything is handled remotely by our INAPI-certified attorneys.

Contact us today — we will run a free prior art search and get back to you within 24 hours.

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