Chile joins the Madrid System for the international registration of Trademarks

20 April 2022

Trademark owners in Chile can start using the Madrid System to protect their trademarks in the other territories party to the System, by filing a single international application.

20 April 2022

In today’s globalised world, and with the technological advances that are being developed, the economy of the future needs a modern and competitive business system. This requires the progress in an updated and balanced Industrial and Intellectual Property system that promotes competitiveness and the development of innovation and entrepreneurship.

Today, the rules, practices and procedures are highly standardised in norms of international law, with the World Intellectual Property Organisation (WIPO), the specialised agency of the United Nations being in charge of the administration of the vast majority of international treaties regulating the use of IP in the world.

The Madrid System provides for a centralised Trademark application and management process. In this context, the filing of a single international application is equivalent to the filing of national Trademark applications in all those countries that are designated by the applicant, which are also party to the Madrid Protocol. This system offers numerous advantages for applicants, such as lower registration fees, especially in the case of a Trademark which needs to be protected in many different countries.

The processing of applications in each designated country will follow its normal course and will be examined by each Industrial Property Office as if it were a national Trademark application. In this regard, the relevant examinations will be carried out by each national Trademark Office, and such trademark applications may be subject to oppositions by third parties. If the mark is considered registrable, it shall be protected as from the date on which it was recorded in the International Register, in the same way as if the mark had been applied for before the national Trademark Office directly.

The international registration must be renewed every 10 years and is subject to the payment of fees set by the World Intellectual Property Office, which is based in Geneva.

With the aim of streamlining both the registration and the management of Trademarks worldwide, on the 27th of November 2020, the Chilean Executive submitted a bill to approve the incorporation of Chile to the so-called “Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks”, i.e., the “Madrid Protocol”. After following the corresponding constitutional procedures and being approved by the National Congress, Chile deposited its instrument of accession on the 4th of April 2022. With Chile’s accession to the “Madrid Protocol”, there are now 127 countries party to the Protocol.

The Protocol has entered into force for Chile on the 4th of July 2022. This means that as of this date, Trademark owners in Chile can start using the Madrid System to protect their Trademarks in the other territories party to the System, by filing a single international application and paying the corresponding fees.

Chile’s accession thus further strengthens the Madrid System’s position as a fundamental component of global Trademark protection as a practical and efficient solution for Trademark owners around the world.

5/5 - (1 vote)

Sonsoles Baylina

Head of the Area of ​​Trademarks Abroad. Lawyer.


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