Trademark Filing in Chile: Requirements, Documents and Fees
Planning a trademark filing in Chile? Here is what your INAPI application must contain, the documents foreign applicants need, and how the official fees work.
Trademark Filing in Chile: Requirements, Documents and Fees
| 📌 Quick answer: a trademark filing in Chile is submitted electronically through INAPI, in Spanish, using one form per mark (multi-class is allowed). The application must identify the applicant, specify and represent the sign, and list the goods or services with their Nice classes. Foreign applicants must appoint a representative in Chile — a simple private-instrument power of attorney is enough, with no notarization required. The initial fee is 1 UTM per class, and a final fee of 2 UTM per class is paid once the mark is accepted. |
Who can file a trademark in Chile?
Any natural person or legal entity, Chilean or foreign, may apply for a trademark before INAPI. There is no requirement to have a local company, a Chilean tax ID or prior use of the mark in the country.
There is, however, one rule every foreign business must know: applicants residing abroad must appoint a representative in Chile and fix a domicile in the country, for notifications during prosecution and for any future action against the registration. Foreign applicants without a Chilean tax number (RUT) need not provide one, but their local representative must have a RUT. In practice, your trademark filing in Chile runs through a local agent from day one.
What the application must contain
INAPI’s regulations list the mandatory content of the form, and the formal examination checks each item. The form is filed in Spanish, and only one mark per form is allowed, although a single filing may cover multiple Nice classes, resulting in one multi-class registration.
| Requirement | What INAPI expects ✅ |
|---|---|
| Applicant details | Full name or corporate name (not the trade name), country, domicile and a mandatory email; RUT only if the applicant has one |
| Representative details | Same identification, plus a Chilean RUT |
| Specification of the mark | Category (trademark, slogan, collective or certification mark) and type: word, figurative, mixed, 3D, sound and other non-traditional marks |
| Description of the sign | Required for every mark that is not a word mark; it must match the image or file submitted |
| Goods and services | A clear, specific list plus the corresponding Nice classes |
| Translation | A literal Spanish translation of any foreign-language expression in the mark |
| Signature | Satisfied electronically through authentication with INAPI’s system |
Two details deserve attention. First, translation: any word in your brand that is not Spanish needs a literal translation field. Second, in mixed marks (logo plus text), the denomination typed into the form must match the words visible in the image — inconsistencies trigger corrections, and the image prevails.
If you filed the same mark abroad within the previous six months, you may claim Paris Convention priority, indicating the application number, filing date and country of origin. The priority certificate may be submitted within 90 days of the Chilean filing, with its Spanish translation.
Documents foreign applicants need: the power of attorney
Chile keeps documentary formalities to a minimum. Only two documents always accompany a filing: proof of payment of the official fee (automatic when filing online) and, when acting through an agent, the power of attorney.
Chilean law is remarkably simple here: powers of attorney for trademark matters may be granted by private instrument — a signed document, with no notarization required, even when granted abroad (a Chilean consul or an apostille may optionally be used, but neither is mandatory). Some practical rules:
- The authority to withdraw the application or surrender a registration must be stated expressly; otherwise it is excluded.
- The filing may be submitted before the power exists: the agent names the applicant, and INAPI grants 60 days (for applicants residing abroad) to file the document, or the application is abandoned.
- INAPI operates a custody system: once deposited, a power receives a custody number citable in future filings, avoiding repeated paperwork.
- A company acting through its legal representative may also need to evidence that authority with corporate documents.
Every document must be filed in Spanish or with a Spanish translation.
Official fees: how much the filing costs
INAPI’s fees are expressed in UTM (Unidad Tributaria Mensual, a Chilean unit adjusted monthly), in two stages:
- Initial fee — 1 UTM per class, paid online at filing. The application only receives its filing date and number once the Treasury confirms the payment.
- Final fee — 2 UTM per class, payable once the mark is accepted for registration, within 60 days from the date the decision becomes final; otherwise the application is deemed abandoned.
Add the cost of publishing an extract in the Official Gazette, paid separately, plus professional fees if you work with counsel. For real numbers, see how much it costs to register a trademark in Chile.
Electronic filing through INAPI’s portal
Since 2018, trademark applications in Chile are filed electronically through INAPI’s online platform; paper filings are reserved for exceptional cases. The system lets you save drafts, pay the initial fee online and track the file through a unique application number.
One feature is valuable for foreign applicants: INAPI offers more than 100,000 pre-approved descriptions of goods and services. Applications using them, filed and paid online, with a power already in custody, qualify for accelerated formal examination, resolved in a maximum of 10 days.
What happens right after filing
Once your filing is complete, INAPI runs a formal examination; any defect triggers a correction notice with a 30-day deadline, without losing your filing date. Accepted applications are then published in the Official Gazette within 20 days, opening a 30-business-day opposition window. INAPI then conducts the substantive examination and, if no obstacle appears, the final fee is paid and the mark is registered for 10 years, renewable indefinitely.
Each stage has its own rules and pitfalls — we cover the full process in our general guide to trademark registration in Chile: key steps and recommendations.
Common filing mistakes by foreign applicants
From our practice representing international clients before INAPI, these are the errors we see most often:
- Omitting the Spanish translation of foreign-language elements of the mark.
- Mismatched mixed marks: the text typed in the form differs from the words in the logo file.
- Priority claimed with wrong data: an incorrect country of origin is a substantial error that can cost the priority date entirely.
- Poorly chosen coverage: classes or descriptions that don’t reflect the real business — see what a trademark class is.
- Missing the 60-day deadline to file the power of attorney, or over-formalizing it with legalizations Chile does not require.
- Skipping the availability search, filing a sign that collides with a prior registration.
Why local counsel makes the difference
A correct filing is only the beginning: even well-prepared applications can face objections. Our client THE LAZY, a Chilean loungewear brand, saw its application objected to and rejected by INAPI over an alleged conflict with a prior mark. We appealed before the Industrial Property Court (TDPI), which accepted our arguments on the differences between the signs, reversed the rejection and ordered the registration — today granted under No. 1503020. Read the full story in our THE LAZY success case.
For a foreign business, local counsel is not just the legally required representative — it is the difference between a filing that anticipates objections and one that stumbles into them.
🧠 Filing checklist for foreign applicants
| Have you searched INAPI’s database for conflicting prior marks? |
| Have you appointed a representative domiciled in Chile, with a RUT? |
| Is your power of attorney signed (a private instrument is enough) or already in INAPI’s custody? |
| Does your application specify the mark’s type, with a matching image and description? |
| Are your goods and services described with pre-approved wording and correct Nice classes? |
| Did you include the Spanish translation of any foreign-language terms? |
| If claiming Paris Convention priority, are the number, date and country exact? |
| Have you budgeted the initial fee, the final fee and the Gazette publication? |
Filing a trademark in Chile is straightforward when built correctly from the start: complete data, the right documents, precise coverage and fees paid on time. Getting it right saves months of corrections.
At von Marttens® we have registered more than 300 trademarks before INAPI and represent foreign companies throughout the process. Contact us at vonmarttens.cl and let’s protect your brand.
AI Usage Disclosure: This article was written by members of our team; however, AI tools were used to improve readability and structure the text for search engines.
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