New types of marks

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Trademarks registered in Chile must be actually and effectively used in the market as a condition to maintain their validity. In this way, Chilean legislation is aligned with international standards in this matter, ceasing to exist registered trademarks with merely defensive purposes or with the aim of blocking the entry of a competitor to the market.

The new legislation will allow the expiration of a current registration granted or renewed under the new Law, based on the fact that it has not been used in a real and effective manner, within the national territory, for a minimum period of five years from the date granting of the registration or of the last use that can be accredited. The accreditation of the use will be the responsibility of the owner of the trademark registration.

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