Trademark appeal: what to do if INAPI rejects your application
Has INAPI rejected your trademark application? Learn how a trademark appeal works in Chile, deadlines, legal requirements, and how to reverse a rejection before the Industrial Property Court.
Trademark appeal
Registering a trademark is a key step in protecting your business and brand identity. However, not every trademark application is approved at the first stage. If INAPI (the Chilean National Institute of Industrial Property) has rejected your trademark application, Chilean law provides the possibility to appeal the decision, as long as it is done within the applicable deadlines and legal requirements.
In this article, we explain how a trademark appeal works in Chile, what it involves, and what happens if the appeal is upheld.
How long do I have to appeal an INAPI rejection?
Once the rejection decision has been formally notified, you have 15 business days, from Monday to Friday, to file an appeal.
This deadline is strict and non-extendable. If the appeal is not filed on time, you will permanently lose the opportunity to continue with the trademark registration process.
How can an INAPI rejection be appealed?
A trademark appeal must be filed with the legal representation of a licensed attorney.
It is not possible to appeal directly or without professional legal counsel.
In addition, it is essential that the attorney representing you has specific experience in industrial property law, as these proceedings usually involve highly technical legal analysis, such as:
- likelihood of trademark confusion
- distinctiveness analysis
- classes and scope of trademark protection
- relevant case law and prior decisions
Choosing the right professional is critical to the success of the appeal (just as you would not visit a dermatologist to treat a migraine).
What does a trademark appeal involve?
A trademark appeal is a legal remedy that:
- is initially filed before INAPI, and
- is reviewed and decided by the Industrial Property Court (Tribunal de Propiedad Industrial).
This stage is completely different from the original administrative procedure, since:
- the case is reviewed by judges specialized in industrial property law
- both legal and technical grounds of the rejection are analyzed
- the court may fully or partially overturn INAPI’s decision, or confirm the rejection
To access this instance, in addition to filing the appeal within the legal deadline, government fees equivalent to 2 UTM must be paid.
Are there real chances of reversing the initial rejection?
Each case is different. The chances of success depend on a thorough review of the trademark file, the grounds cited by INAPI in its rejection, and the legal strategy developed by the specialized attorney handling the appeal.
That said, it is important to keep in mind that:
- the final decision is no longer made by INAPI, but by an independent judicial body
- the Industrial Property Court has full authority to overturn the rejection
in many cases, rulings are issued on the same day the case is heard, although sometimes the decision may be taken “under advisement,” which means a short additional period is required
What happens if I win the appeal?
If the Industrial Property Court determines that INAPI’s initial rejection was insufficient or incorrect, it will:
- revoke INAPI’s decision, and
- grant the trademark registration, either totally or partially
This ruling prevails over INAPI’s decision. Afterward, you will be able to pay the final registration fees according to the selected classes and successfully complete the trademark registration process.
von Marttens® can help you
At von Marttens®, we have extensive experience handling trademark appeals, with successful cases before the Industrial Property Court.
If you have received a rejection decision, we strongly recommend contacting us as soon as possible. Acting quickly allows us to:
- properly analyze your trademark file
- design a solid legal strategy
- file the appeal on time and with stronger chances of success
👉 You can contact us directly through our website: www.vonmarttens.cl
AI usage information: This article was written by members of our team; however, AI tools were used to improve readability and structure the text for search engines.
