Region: Chile

In Jose Rybertt y Cia Ltda v Montes SA, NIC Chile panellist Luis Felipe Claro Swinburn has dismissed Montes SA's opposition to the registration of 'vinosapalta.cl'. Claro Swinburn held that although Montes owns the FINCA DE APALTA mark, it was using it as an appellation of origin, which merely indicates that its wine is produced in the Apalta Valley in Chile.

22 September 2003

The Industrial Property Department has issued two decisions that indicate that a device mark registration application should be refused if its design features are confusingly similar to a prior registered device mark, even if the wording used in the later application is different. This means that a trader will no longer be able to register a device mark made up of its own branding on packaging similar to that of a leading brand.

08 September 2003

A new Chilean decree has come into force, implementing the Eighth Edition of the Nice Classification into Chilean law. Specifically, three new classes have been added and the scope of another class has been reduced. Trademark applicants need to amend their applications accordingly and pay any additional registration fees.

02 July 2003

The Chilean government has passed Decree 285/2003 with immediate effect, modifying the way in which trademark applications are processed. Applications may now be filed electronically, and approved logo shapes and colours shall be published in order to help trademark owners oppose those that are confusingly similar to their own.

09 June 2003

NIC Chile, the body responsible for administering the country-code top-level domain '.cl', has chosen five new arbitrators to join 21 others currently offering domain name dispute resolution services. The appointments reflect the growing popularity of NIC Chile's arbitration system.

29 May 2003

In Aguilar v Distribuidora de Impresos y Artes Gráficas Ltda, a NIC Chile panellist has amended her earlier decision ordering the transfer of 'pokemon.cl' to a third party - Nintendo. NIC Chile requested the amendment because Nintendo had failed to file a formal opposition to the registration. Nevertheless, the panellist refused to order the transfer of the domain name to either Aguilar or Artes Gráficas.

02 May 2003

Chile and the United States have signed an agreement that will enhance the enforcement of trademark rights. Among other things, the governments will implement measures to reduce piracy and counterfeiting, and become actively involved in resolving cybersquatting disputes.

04 February 2003

The Central Preventive Commission has outlined new stricter criteria to delineate unfair competition claims from trademark infringement claims, thereby limiting antitrust authorities' jurisdiction in cases involving trademark infringement.

31 January 2003

In Comercial Raymarket Limitada v America Online Inc, the Court of Appeals of Santiago has affirmed the decision given by an arbitrator under the NIC Chile arbitration and dispute resolution system ordering the cancellation of the domain name 'aol.cl'.

03 December 2002

Chile's Supreme Court has dismissed an action brought by MichelangeloSACI for re-registration of the CALVIN KLEIN trademark. Michelangelo is a clothing manufacturer which had registered and used the mark for over 20 years until Calvin Klein himself successfully challenged the registration in 1999.

21 November 2002