Argentina
| Type of filings | National |
| Priority | Paris Convention Priority can be claimed. Argentina is a party to the Paris Convention. |
| Single or multi-class | Single class only |
| Classification | Nice Classification |
| Protection of goods and services | Both goods and services may be protected |
| Term of initial registration | 10 years from the date of registration |
| Renewals |
|
| Typical documentary requirements and formalities for key filings |
i) Assignment or licence agreements ii) Companies Registry certificates certifying changes of name/merger
|
| Observations | New applications are typically processed within 12 to 18 months in smooth cases. The opposition period is short in Argentina, at only 30 days. The same is true of the deadline for the filing of a reply to an official action, which is also only 30 days. Extensions of time are available on request (10 days for the first extension followed by a final extension of five days). |
Bolivia
| Type of filings | National |
| Priority | Paris Convention Priority can be claimed. Bolivia is a party to the Paris Convention. |
| Single or multi-class | Single class only |
| Classification | Nice Classification |
| Protection of goods and services | Both goods and services may be protected |
| Term of initial registration | 10 years from the date of registration |
| Renewals |
|
| Typical documentary requirements and formalities for key filings |
i) Assignment or licence agreements ii) Companies Registry certificates certifying changes of name / address / merger
|
| Observations | New applications are typically processed within 12 months in smooth cases. Bolivia is a member of the Andean Pact along with the other members of the Andean Community, namely, Colombia, Ecuador and Peru. According to the Andean Pact, there are particular reciprocal rights available to trade mark owners within the Andean Community. For example, it is possible to oppose a Bolivian trade mark application on the basis of an earlier registration held by the opponent in any other Andean Community jurisdiction so long as an application to protect the trade mark in Bolivia is also filed at the time of filing the opposition. |
Brazil
| Type of filings | National and Madrid |
| Priority | Paris Convention Priority can be claimed. Brazil is a party to the Paris Convention. |
| Single or multi-class | Single class only (national); single or multi-class (Madrid) |
| Classification | Nice Classification |
| Protection of goods and services | Both goods and services may be protected |
| Term of initial registration | 10 years from the date of registration |
| Renewals |
|
| Typical documentary requirements and formalities for key filings |
|
| Observations | New national applications are typically processed within 18 months in smooth cases. In 2021, the Brazilian PTO started to accept the registration of position marks, i.e. protection for the specific way in which a mark is placed on or affixed to a product. |
Chile
| Type of filings | National and Madrid |
| Priority | Paris Convention Priority can be claimed. Chile is a party to the Paris Convention. |
| Single or multi-class | Both single and multi-class applications are accepted |
| Classification | Nice Classification |
| Protection of goods and services | Both goods and services may be protected |
| Term of initial registration | 10 years from the registration date |
| Renewals |
|
| Typical documentary requirements and formalities for key filings |
i) Assignment or licence agreements ii) Companies Registry certificates certifying changes of name/address/merger (if originals are unavailable apostilled copies may be submitted instead)
|
| Observations | New applications are typically processed within nine months in smooth cases. In 2022, the Chilean IP trade marks law was updated to remove the “graphical representation” requirement from the definition of a trade mark to allow for the registration of non-traditional marks, such as scent marks, three-dimensional marks, and position marks among others. |
Colombia
| Type of filings | National and Madrid |
| Priority | Paris Convention Priority can be claimed. Colombia is a party to the Paris Convention. |
| Single and multi-class | Both single and multi-class applications are accepted |
| Classification | Nice Classification |
| Protection of goods and services | Both goods and services may be protected |
| Term of initial registration | 10 years from the registration date |
| Renewals |
|
| Typical documentary requirements and formalities for key filings |
i) Assignment or licence agreements ii) Companies Registry certificates certifying changes of name / address / merger
|
| Observations | New applications are typically processed within 10 months in smooth cases. Colombia is a member of the Andean Pact along with the other members of the Andean Community, namely, Bolivia, Ecuador and Peru. According to the Andean Pact, there are particular reciprocal rights available to trade mark owners within the Andean Community. For example, it is possible to oppose a Colombian trade mark application on the basis of an earlier registration held by the opponent in any other Andean Community jurisdiction so long as an application to protect the trade mark in Colombia is also filed at the time of filing the opposition. |
Ecuador
| Type of filings | National |
| Priority | Paris Convention Priority can be claimed. Ecuador is a party to the Paris Convention. |
| Single or multi-class | Single class only |
| Classification | Nice Classification |
| Protection of goods and services | Both goods and services may be protected |
| Term of initial registration | 10 years from the date of the resolution granting the trade mark registration |
| Renewals |
|
| Typical documentary requirements and formalities for key filings |
i) Assignment or licence agreements ii) Companies Registry certificates certifying changes of name/merger
|
| Observations | New applications are typically processed within 10 months in smooth cases. Ecuador is a member of the Andean Pact along with the other members of the Andean Community, namely, Bolivia, Colombia and Peru. According to the Andean Pact, there are particular reciprocal rights available to trade mark owners within the Andean Community. For example, it is possible to oppose a Ecuadorian trade mark application on the basis of an earlier registration held by the opponent in any other Andean Community jurisdiction so long as an application to protect the trade mark in Ecuador is also filed at the time of filing the opposition. |
Paraguay
| Type of filings | National |
| Priority | Paris Convention Priority can be claimed. Paraguay is a party to the Paris Convention. |
| Single or multi-class | Single class only |
| Classification | Nice Classification |
| Protection of goods and services | Both goods and services may be protected |
| Term of initial registration | 10 years from the date of registration |
| Renewals |
|
| Typical documentary requirements and formalities for key filings |
i) Assignment or licence agreements ii) Companies Registry certificates certifying changes of name / address / merger
|
| Observations | New applications are typically processed within nine months in smooth cases. The applications are published immediately after filing and the opposition term is 60 working days. If no oppositions are filed, the Examiner conducts a formal and substantial examination. If the examinations are successfully passed, the registration is granted and a hard copy of the registration certificate is issued. Proof of use is not required to maintain nor to renew a trademark registration. |
Peru
| Type of filings | National |
| Priority | Paris Convention Priority can be claimed. Peru is a party to the Paris Convention. |
| Single or multi-class | Both single and multi-class applications are accepted |
| Classification | Nice Classification |
| Protection of goods and services | Both goods and services may be protected |
| Term of initial registration | 10 years from the date of registration |
| Renewals |
|
| Typical documentary requirements and formalities for key filings |
i) Assignment or licence agreements ii) Companies Registry certificates certifying eg mergers
|
| Observations | New applications are typically processed within four months in smooth cases. Peru is a member of the Andean Pact along with the other members of the Andean Community, namely, Bolivia, Colombia and Ecuador. According to the Andean Pact, there are particular reciprocal rights available to trade mark owners within the Andean Community. For example, it is possible to oppose a Peruvian trade mark application on the basis of an earlier registration held by the opponent in any other Andean Community jurisdiction so long as an application to protect the trade mark in Peru is also filed at the time of filing the opposition. |
Uruguay
| Type of filings | National |
| Priority | Paris Convention Priority can be claimed. Uruguay is a party to the Paris Convention. |
| Single or multi-class | Both single and multi-class applications are accepted |
| Classification | Nice Classification |
| Protection of goods and services | Both goods and services may be protected |
| Term of initial registration | 10 years from the date of registration |
| Renewals |
|
| Typical documentary requirements and formalities for key filings |
i) Assignment or licence agreements ii) Companies Registry certificates certifying eg mergers
|
| Observations | New applications are typically processed within two years in smooth cases. A variety of non-traditional trade marks can be protected in Uruguay, including olfactory, sound, three-dimensional trade marks, collective marks, certification or guarantee marks and advertising phrases, amongst others. |
Venezuela
| Type of filings | National |
| Priority | Paris Convention Priority can be claimed. Venezuela is a party to the Paris Convention. |
| Single or multi-class | Both single and multi-class applications are accepted |
| Classification | Nice Classification |
| Protection of goods and services | Both goods and services may be protected |
| Term of initial registration | 15 years from the date of registration |
| Renewals |
|
| Typical documentary requirements and formalities for key filings |
i) Assignment or licence agreements ii) Companies Registry certificates certifying changes of name / address / merger
|
| Observations | New applications are typically processed within 15 months in smooth cases. In 2022, the Venezuelan Intellectual Property Office (SAPI) accepted the application of the TRIPS Agreement and the Paris Convention as they relate to the criteria for the recognition of well-known trade marksin Venezuela. |
About Ogier
Ogier provides practical advice on BVI, Cayman Islands, Guernsey, Irish, Jersey and Luxembourg law through its global network of offices. Ours is the only firm to advise on these six laws. We regularly win awards for the quality of our client service, our work and our people.
Disclaimer
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
