Trademarks in Easter Island

Competent Authority

• Name of Office: National Institute of Industrial Property (INAPI - Instituto Nacional de Propiedad Industrial)
• Working Language: Spanish
• System Type: National system administered by Chile. Easter Island (Isla de Pascua / Rapa Nui) forms part of the Valparaíso Region of the Republic of Chile and is fully covered under the national trademark jurisdiction of Chile.

International Treaties

• Madrid Protocol: Member
• Paris Convention: Member
• Madrid Designation: Chile can be designated through the Madrid System, which automatically extends national trademark protection to the entire sovereign territory of Chile, including Easter Island.

Who Can Apply

• Applicants: Natural persons and legal entities, both domestic and foreign.
• Local Representative Requirement: Foreign applicants without a domicile or legal residence in Chile are not strictly required to appoint a local representative for the initial filing, but they must designate a valid domicile or address for service within Chile.
• Power of Attorney: Not required for standard filings or representation before INAPI unless specifically demanded under extraordinary administrative procedures.

Online Filing and Search

• Electronic Filing: Available online via INAPI's electronic portal (Portal de Trámites en Línea).
• Search Database: Free public search is accessible via INAPI's official trademark database (Periscopio or online search tools).

Protectable Trademark Types

• Types: Word marks, figurative marks, mixed/combined marks, sound marks, three-dimensional (3D) shapes, collective marks, and certification marks.
• Translation/Transliteration: Foreign words or expressions in languages other than Spanish require a translation into Spanish if requested by the examiner.

Classification

• Classification System: Nice Classification.
• Multi-Class Applications: Supported (single applications can cover multiple classes of goods or services).
• Extra Fees: Official fees apply per class.

Examination

• Absolute Grounds: Examined ex officio by INAPI for distinctiveness, lawfulness, and public order.
• Relative Grounds: INAPI does not conduct an ex officio examination for relative grounds (prior conflicting marks). Prior rights are protected exclusively through the opposition process initiated by third parties.
• Response to Refusals: Office actions or provisional refusals based on absolute grounds must be answered within the statutory term (typically 30 working days from notification).

Publication and Opposition

• Opposition Period: 30 working days (días hábiles) from the date of publication of the trademark application in the Official Gazette (Diario Oficial).
• Standing: Any third party who considers that the registration would prejudice their rights.

Timelines

• Registration Timeline: Approximately 4 to 6 months for a straightforward, unopposed application from filing to registration.

Official Fees

• Application Filing Fee: Structured based on the number of classes, paid in Chilean Pesos (CLP) or UTM (Unidades Tributarias Mensuales). Specifically, filing a trademark application costs 1 UTM for the first class, and 0.5 UTM for each additional class.
• Source: INAPI Official Fee Schedule.

Protection Term and Renewal

• Protection Term: 10 years, calculated from the date of grant/registration (not the application date).
• Renewal Grace Period: Renewal must be requested within the 6-month period prior to expiration, or within a 30-day grace period following expiration subject to late fees.

Use Requirement

• Non-Use Cancellation: A trademark registration can be partially or totally cancelled for non-use if it has not been used in Chile for 5 consecutive years prior to the filing of the cancellation action.
• System Type: "First-to-file" jurisdiction, though opposition and cancellation mechanisms permit prior users to challenge bad-faith registrations.

Post-Registration Procedures

• Assignments and Changes: Assignments, changes of name, changes of address, and license agreements must be officially recorded in the INAPI register to be legally effective against third parties.

Legal Remedies

• Cancellation & Infringement: Invalidity and non-use cancellation actions are handled through administrative proceedings before INAPI or judicial courts. Infringement lawsuits and criminal anti-counterfeiting enforcement are litigated before civil and criminal courts in Chile.
• Well-Known Trademarks: Protected under Chilean industrial property law provisions.

Country-Specific Risks and Practical Notes

• A critical practical point for brand owners is that Easter Island does not possess an independent or separate intellectual property office. Protection is governed entirely by Chilean national law. Furthermore, because INAPI does not examine relative grounds (prior rights) ex officio, rigorous watch services and monitoring of the Diario Oficial are vital, as conflicting prior marks will proceed to publication unless an active third-party opposition is filed within the strict 30 working-day window.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.