The landscape for intellectual property in Chile is undergoing significant activity. By the end of July, the Chilean National Institute of Industrial Property (INAPI) had recorded 29,787 multiclass trademark applications. This figure represents an 18.17% increase compared to the same period in 2025, adding 4,580 new filings to the docket. It marks the highest volume for a January - July window since 2021, signaling robust demand for brand protection in the region.
Efficiency Gains in Examination
Despite the surge in volume, INAPI has managed to improve its operational efficiency. The average time required to examine new trademarks dropped to 5.5 months, a reduction of 2.2 months from the previous year. For applications that face no objections or oppositions, the process is even faster, averaging just 4.1 months.
For international businesses and local enterprises alike, these timeline improvements are critical. Speed to market in trademark registration directly impacts a company’s ability to protect its brand identity before competitors can establish similar marks. However, volume brings complexity. As the number of applications rises, the likelihood of conflicts also increases, making proactive monitoring more essential than ever.
The Five-Year Non-Use Rule
A critical regulatory change is approaching that will reshape how companies manage their trademark portfolios. Starting May 9, 2027, third parties will be eligible to request the cancellation of trademarks that have not been genuinely used for five consecutive years. This provision aligns with international standards aimed at clearing "dead wood" from trademark registers and ensuring that rights are tied to actual commercial activity rather than speculative hoarding.
For business owners, this new window creates a strict obligation to maintain proof of use. Relying on registration certificates alone is no longer sufficient for long-term security. Companies must systematically retain evidence of commercial exploitation. This documentation should include:
- Invoices showing sales of goods or services under the mark.
- Product catalogues and promotional materials distributed in the market.
- Website records, including archived pages and digital storefronts displaying the trademark in commerce.
- Records of use by authorized licensees or distributors, ensuring that third-party usage counts toward compliance.
Strategic Implications for Brand Protection
The intersection of rising filings and stricter enforcement creates a dual challenge for businesses: acquiring rights quickly while maintaining them rigorously. The increase in applications suggests a competitive market where confusion is more likely to occur. Without vigilant monitoring, brands may inadvertently infringe on newer marks or fail to stop competitors from capitalizing on similar naming conventions.
Moreover, the impending non-use rule underscores the importance of active brand management. Trademarks are not static assets, they are dynamic tools that require consistent commercial engagement. Companies with dormant brands in Chile must decide whether to resume use or abandon the mark to avoid costly cancellation proceedings.
Exceptions to the non-use requirement may apply if commercialization was prevented by regulatory or administrative obstacles beyond the owner’s control. However, proving such impediments requires detailed legal and factual justification. Businesses should consult legal counsel to evaluate their specific circumstances well before the May 2027 deadline.