Chilean courts and the Instituto Nacional de Propiedad Industrial (INAPI – the Chilean National Industrial Property Institute) have both tightened their approach to IP enforcement over the past eighteen months. International businesses that registered marks or filed infringement claims under earlier assumptions about procedural timelines and evidentiary thresholds are now operating under meaningfully different conditions. Acting on outdated information risks losing priority, missing opposition windows, or having infringement claims dismissed on grounds that were rarely invoked before.
Chilean IP enforcement has shifted in two key directions: courts now apply stricter evidentiary standards to infringement claims, and INAPI has shortened effective response windows within opposition proceedings. International rights holders must audit their active trademark portfolios in Chile and confirm that pending IP registration filings align with the updated Nice classification requirements now enforced in examination. Companies with unresolved opposition proceedings or recently filed trademark applications should treat the next 60 days as an urgent review period.
This alert identifies which business categories are most exposed, sets out the threshold criteria that trigger compliance obligations, and lists the immediate steps international companies should take now.
What has changed and when it takes effect
Two distinct developments have converged to reshape the enforcement environment in Chile.
First, Chilean courts hearing infringement claims have raised the practical bar for proving likelihood of confusion. Judges now routinely demand market survey evidence or documented commercial use data alongside the IP registration certificate. Previously, courts accepted the registration itself as sufficient prima facie proof of exclusive rights in many consumer goods sectors. The shift is most pronounced in cases involving marks that were registered years ago but have seen limited active commercial use in Chile.
Second, INAPI has updated its examination practice for trademark applications using the Nice classification system. Clasificación de Niza (Nice classification) headings that were historically accepted at a broad, class-level description are now subject to specification requirements. Applicants are receiving office actions requesting item-by-item identification of goods and services within each class. This affects both new filings and applications currently in examination. The updated practice has been applied from the first quarter of 2025 and is now the standard for all pending files.
Opposition proceedings have also been affected. INAPI's procedural calendar for opposition proceedings has been enforced more strictly. Deadlines that offices occasionally extended informally are now treated as firm. A missed opposition filing date forfeits the right to challenge a conflicting mark at the administrative level. Rights holders must then pursue cancellation through the civil courts – a considerably slower and more costly route.
For companies monitoring parallel developments in other markets, our alert on IP enforcement developments in the United States provides a useful cross-reference for rights holders managing hemispheric portfolios.
Who is affected and what triggers a compliance obligation
The changes affect a broad range of international companies. The following categories face the greatest exposure.
- Consumer brands with Chilean registrations that have not been actively used in the local market within the past three years. These marks are now more vulnerable to non-use cancellation actions and to infringement defences based on contested validity.
- Technology and software companies that filed trademark applications or rely on IP registration covering digital services. INAPI's stricter Nice classification approach directly affects how service descriptions in Classes 35, 38, 41, and 42 are examined.
- Pharmaceutical and healthcare companies whose infringement claim strategies relied on broad registration certificates without supplementary use evidence.
- Any rights holder with a pending trademark application filed before January 2025 that has not yet received an examination report. Those files are now subject to the new specification requirements.
The threshold criterion for immediate action is simple: if your company holds a Chilean IP registration that has not been used commercially in Chile within the last three years. Alternatively. If you have a pending trademark application that uses broad class headings, you face a material risk under the current enforcement and examination environment.
To receive an expert assessment of your IP portfolio's exposure under Chile's current enforcement conditions, contact us at info@ferrazwhitmore.com.
Immediate actions for international companies
The following steps should be completed within the next 60 days.
- Audit all Chilean trademark registrations for commercial use. Identify marks that have not been used in Chile within the past three years. Prepare or gather use evidence – invoices, advertising records, product packaging – for any mark that may face a non-use challenge.
- Review all pending trademark applications with a qualified lawyer in Chile. Confirm that goods and services descriptions meet INAPI's current specification standard. Where broad Nice classification headings were used, prepare amended specifications before an office action is received. Responding proactively shortens the examination cycle.
- Map all opposition deadlines for marks published in INAPI's Official Gazette within the past 30 days. The opposition window is fixed. A law firm in Chile with IP monitoring capacity should be engaged if no local correspondent is currently in place.
- Reassess any pending infringement claim strategy. If litigation is planned or ongoing, confirm that use evidence and market survey data are available to meet the courts' current evidentiary expectations. An infringement claim filed without this supporting documentation is at risk of dismissal or an unfavourable interlocutory ruling.
- For companies using AI-generated content or software marks, review whether Chilean IP registration and classification filings adequately cover the specific digital goods and services being commercialised. Our analysis of AI law and technology regulation in Chile addresses related classification and rights questions in that sector.
International companies with broader Latin American portfolios should treat the Chilean developments as an indicator of a regional trend. Stricter examination and enforcement practice is emerging in several civil law markets across the region simultaneously.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our intellectual property practice covers trademark registration, opposition proceedings, infringement claims, and cross-border IP enforcement in Chile and across Latin American markets. Our team combines Portuguese civil law expertise with English common law tradition – a pairing that is directly relevant when coordinating IP strategy across civil law jurisdictions such as Chile. For international companies seeking a lawyer in Chile with cross-border IP experience, or a law firm in Chile to manage INAPI filings and enforcement actions, our Americas practice provides direct support. The firm's IP team has advised on trademark application portfolios and infringement claim strategies across both civil law and common law systems. For a preliminary review of your Chilean IP portfolio and exposure under the current enforcement conditions, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.