New procedure to file evidence regarding TM prosecution
On September 9, 2014, the Chilean PTO (INAPI) published on the Official Bulletin a special procedure explaining how parties interested in a trademark application should file objects as means of evidence. Additionally, the requirements to apply for the review of previously filed documents before INAPI has been established.
The process establishes that, when objects or goods are requested to be filed as means of evidence, these will be photographed. Subsequently, the photograph will be printed and a public notary will certify that it is a true copy of the original thereof. These photographs, together with the document requesting the filing of such evidence, will be saved in the INAPI database for further processing.
More than 30,000 TM applications are filed each year in Chile, whereas more than 4,000 TMs are opposed to. Once trademarks are registered, approximately 150 nullity actions are filed against them before the Chilean PTO.
The parties involved may apply for different means of evidence to be added to the file, thus complying with the legal burden of proof on the plaintiff to support his claim. Additionally, during the administrative processing, the interested party might file evidence for it to be considered by INAPI before the final decision.