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Who We Serve · Chile

Is Your Chilean Brand Protected in the United States?

¿Su marca chilena está protegida en Estados Unidos?

Chilean wine, food, retail, and technology companies are established in the U.S. market. Chile joined the Madrid Protocol in 2022, the most recent major Latin American member, so Chilean owners can now extend an INAPI filing to the U.S. or file directly with the USPTO.

USPTO data · Chile

Chilean trademark filings at the USPTO, 2021 to 2026

Chilean applicants filed about 250 to 330 U.S. applications a year from 2021 to 2025, led by wine in Class 33. Madrid filings from Chile have grown since 2022 but are still a small share, so most Chilean brands still file directly.

U.S. applications filed by Chilean owners

Applications per filing year from owners with an address in Chile. The 2026 bar covers January through September.

0100200300400328202131620223302023274202424520251572026*
View data table
Filing yearFiledRegistered to dateVia Madrid
20213281987
20223161706
202333014315
202427412312
20252459717
2026 (Jan.–Sept.)157151

Most common classes in Chilean filings

Applications naming each class, 2021 to 2025. A filing can name more than one class.

Class 33 · Wine and spirits265Class 35 · Retail and business services190Class 29 · Meat, dairy, prepared foods133Class 42 · Software and tech services122Class 25 · Clothing, footwear118

Chile's leading sectors: wine, fruit and food products, retail, forestry and paper products, and food technology.

Top five Chile-based owners of live U.S. trademark registrations

Current owners with an address in Chile, ranked by the live U.S. registrations they hold. In all, 1,824 live U.S. registrations list an owner in Chile.

The Not Company SpA47Falabella S.A.33Viña Concha y Toro S.A.29LATAM Airlines Group S.A.24Viña Luis Felipe Edwards Ltda.22
View data table
RankOwnerLive U.S. registrations
1The Not Company SpA47
2Falabella S.A.33
3Viña Concha y Toro S.A.29
4LATAM Airlines Group S.A.24
5Viña Luis Felipe Edwards Ltda.22

Counts the last listed owner of each live registration, grouping variations of the same company name. Registrations held through U.S. subsidiaries are not included. CEIBO Inc. also holds 22.

1,493U.S. applications from Chile, 2021 to 2025, ranking No. 5 of the eight Latin American countries we serve
52%of Chilean applications filed in 2021–2023 have registered, below the 59% rate for all applicants
41%of Chilean applications filed in 2021–2023 were abandoned without registering
4%of 2021–2025 filings came through the Madrid Protocol

How we counted. USPTO trademark records, retrieved October 27, 2026, counting applications by filing date where an owner's address is in Chile. Brands owned through U.S. subsidiaries are counted under the U.S. The "registered" figures include registrations later cancelled.

Inside the numbers

How Chilean applications fare at the USPTO

The USPTO issued 187 registrations to Chilean owners in 2025, up 20% from 2021. Today, 1,830 live U.S. registrations and 361 pending applications name an owner in Chile.

1,830live U.S. registrations naming an owner in Chile
361U.S. applications from Chile now pending
62%of 2021–2025 applications filed on an intent-to-use basis
26%relied on the Chilean filing under Section 44(d) or 44(e)

Applications filed and registrations issued

Applications by filing year, and registrations by the year they issued. A registration usually issues 12 to 18 months after filing.

Applications filedRegistrations issued
010020030040020212022202320242025
View data table
YearApplications filedRegistrations issued
2021328156
2022316145
2023330149
2024274201
2025245187

How Chilean owners file: the filing basis

Share of 2021–2025 applications claiming each basis. An application can claim more than one.

Intent to use · § 1(b)62%Use in U.S. commerce · § 1(a)17%Home registration · § 44(e)14%Priority claim · § 44(d)12%Madrid designation · § 66(a)4%

Intent to use lets a brand reserve its U.S. rights before launch. Madrid designations account for 4%.

View data table
BasisApplicationsShare
Intent to use · § 1(b)92062%
Use in U.S. commerce · § 1(a)25017%
Home registration · § 44(e)20414%
Priority claim · § 44(d)17812%
Madrid designation · § 66(a)574%

What happened to Chilean applications, by filing year

Status today of applications filed each year. Recent years are still largely pending.

RegisteredAbandonedStill pending
View data table
Filing yearRegisteredAbandonedPending or other
2021 filings19811812
2022 filings17013511
2023 filings14315136
2024 filings1239061
2025 filings975494

Most abandonments follow an unanswered USPTO refusal or a missed deadline to file a statement of use. Both are avoidable with a U.S. attorney docketing the file.

Your rights at home

An INAPI registration stops at the border

Trademark rights are territorial. A registration from Instituto Nacional de Propiedad Industrial (INAPI) protects your brand in Chile, and nowhere else. In the United States, another company can file for the same name, and if it files first or uses it first, it can block your products, your Amazon listings, and your U.S. distributors.

Most Latin American systems give rights to whoever registers first. The U.S. system is different: rights come from use in the U.S., and a federal registration extends them nationwide. An application filed before you launch, on an intent-to-use basis, secures your U.S. priority date before your first shipment.

Signs you should file in the U.S. now

  • You are appointing a U.S. importer, distributor, or franchisee
  • You plan to sell on Amazon.com or other U.S. marketplaces
  • Your products are already sold in Miami or elsewhere in the U.S.
  • You are opening a U.S. location or a U.S. subsidiary
  • You have found a U.S. company using a similar name

Pisco is a protected name in U.S. trade agreements with both Chile and Peru. A pisco brand needs its own distinctive name.

Your route to the U.S.

How a Chilean brand gets U.S. protection

Route 1: a Madrid designation of the United States

Chile has been a Madrid Protocol member since 2022. A Chilean owner can file an international application through INAPI, based on its INAPI application or registration, and designate the United States. WIPO forwards the designation to the USPTO, which examines it under U.S. law exactly like a direct application.

For five years the U.S. protection depends on the INAPI filing. If that filing is narrowed or cancelled, the U.S. designation falls with it, although it can be converted into a U.S. application within three months.

Route 2: a direct USPTO application

A direct application can be based on use in the U.S., an intent to use, a claim of priority to the INAPI filing made within six months, or the INAPI registration itself. It stands on its own, uses U.S.-specific wording, and can be amended more freely.

We recommend Madrid when several countries are needed and the INAPI filing is secure, and a direct filing when the U.S. is the priority market or the home filing faces challenges.

Madrid costs

What it costs to enter the U.S. through the Madrid Protocol

A Chilean owner designating the United States pays WIPO in Swiss francs: a basic fee for the international application and the U.S. individual fee for each class. Once the designation reaches the USPTO, it is examined like any U.S. application, with no further USPTO filing fee.

CHF 653WIPO basic fee, international applicationCHF 903 if the mark is in color
CHF 460U.S. individual fee, per classSince April 12, 2026
CHF 300Basic fee to add the U.S. laterSubsequent designation, plus CHF 460 per class
Set by INAPIINAPI transmittal fee, if anyPaid at home; confirmed at filing
Example: black-and-white mark, U.S. designated only1 class2 classes3 classes
WIPO basic feeCHF 653CHF 653CHF 653
U.S. individual feeCHF 460CHF 920CHF 1,380
WIPO total to enter the U.S.CHF 1,113CHF 1,573CHF 2,033
For comparison: direct USPTO application$350$700$1,050

Government fees only. Each additional country designated in the same application adds its own fee, which is why Madrid is usually most economical when several countries are needed. Later U.S. costs include any response to a USPTO refusal and the Section 71 declaration of use between years 5 and 6 ($325 per class). WIPO fees are fixed in Swiss francs; check the WIPO fee calculator on the filing date.

The U.S.-attorney requirement

Why a Chilean owner needs a U.S. attorney

Since August 3, 2019, every applicant or registrant domiciled outside the United States must be represented before the USPTO by an attorney licensed in a U.S. state. That covers new applications, responses to refusals, including refusals of Madrid designations, oppositions, and post-registration filings.

We act as the U.S. attorney of record for Chilean companies and work alongside their INAPI filing firm, which stays involved in the strategy.

Selling into the U.S.

  • Amazon Brand Registry: Amazon recommends a trademark for each store you sell in, which for Amazon.com means a USPTO filing
  • U.S. Customs recordation stops counterfeit imports once the mark registers
  • Miami's port, airport, and distributors are the gateway for many Chilean products entering the U.S.
How we support Chilean brand owners

Who does what for your U.S. filing

Each matter is handled by a U.S.-licensed attorney, supported by paralegals and docketing staff who manage documents, deadlines, and communication. You always know who is responsible for each step.

§

Attorneys

Your U.S. attorney of record before the USPTO.

  • Clearance search review and a written risk opinion
  • Choice of owner, filing basis, and route (Madrid or direct)
  • Drafting goods and services in U.S. form
  • Responses to USPTO refusals, oppositions, and letters of protest
  • Enforcement against U.S. infringers and marketplace sellers

Paralegals and docketing

The people who keep your file complete and on time.

  • Collecting INAPI filings, certificates, and translations
  • Reviewing specimens and evidence of U.S. use
  • Preparing filings and USPTO forms for attorney review
  • Docketing every USPTO, WIPO, and maintenance deadline
  • Preparing CBP recordation and Amazon Brand Registry paperwork
✉

Client communication

Built for owners and counsel outside the U.S.

  • Service in English and Spanish
  • WhatsApp and email updates at each step
  • Copies of every USPTO notice with a plain explanation
  • Invoices in U.S. dollars with wire instructions
  • Coordination with your INAPI filing firm
For Chilean trademark firms

Working with your home counsel

Many Chilean brands reach us through their INAPI filing firm. We take instructions from that firm, report back in Spanish or English, and keep the client relationship where it belongs. Our role is the U.S. side: filing, examination, deadlines, and enforcement.

Foreign Trademark Counsel explains how we work with firms abroad.

Fees and paying from abroad

  • Invoices in U.S. dollars, with wire transfer instructions
  • USPTO and WIPO fees passed through at cost
  • A written estimate before each filing or response
Lessons learned

Top five filing mistakes Chilean applicants make

These are the errors we see most often in U.S. filings by Chilean brand owners. Most cannot be fixed after the application is filed.

1

Assuming INAPI protection reaches the U.S.

An INAPI registration has no effect in the U.S. Chilean brands often find their names already filed by U.S. importers or competitors.

Territoriality
Lesson

Clear and file the U.S. application before export.

2

Choosing Madrid by default

Madrid is new in Chile, and some owners now designate the U.S. for every filing. For a single market, a direct U.S. filing avoids five years of dependence on the Chilean basic filing.

Madrid dependency
Lesson

Compare Madrid and a direct filing for each brand.

3

Copying INAPI goods descriptions

Descriptions accepted by INAPI are often too broad for the USPTO, leading to refusals or surcharges.

Identification of goods
Lesson

Use USPTO ID Manual wording.

4

Wine and pisco names as brands

Grape varieties, valleys such as Maipo or Colchagua, and pisco are descriptive or protected terms, not brands.

Geographic and generic terms
Lesson

Build the label around a distinctive name.

5

Not recording the U.S. registration with Customs

Food and wine brands that face copies rarely record their U.S. registrations with CBP, so counterfeit imports are not stopped at the border.

Border enforcement
Lesson

Record each registration with CBP once it issues.

Questions

Frequently asked questions

Does my INAPI registration protect my brand in the United States?

No. Trademark rights are territorial. A INAPI registration protects your brand in Chile only, and someone else can register it at the USPTO first.

Do I need a U.S. attorney?

Yes. Since August 3, 2019, applicants and registrants domiciled outside the U.S., including in Chile, must be represented at the USPTO by a U.S.-licensed attorney.

Can Chilean owners use the Madrid Protocol to reach the U.S.?

Yes, since Chile joined in 2022. The international application is filed through INAPI and designates the United States.

Do I still need a U.S. attorney?

Yes. A Chilean-domiciled owner must be represented by a U.S.-licensed attorney for a direct filing and for any response to a USPTO refusal.

How do I pay from abroad?

Our invoices are in U.S. dollars, with wire transfer instructions. Government fees are passed through at cost.

How long does a U.S. application take?

Most applications take 12 to 18 months from filing to registration. A refusal, an opposition, or an intent-to-use basis can add several months.

What if someone has already registered my brand in the U.S.?

We review the earlier registration to see whether it is vulnerable, for example for nonuse, abandonment, or bad faith by a former distributor. Options include a cancellation petition, a negotiated coexistence or assignment, or a change of brand for the U.S. market.

Can I register a Spanish word as my U.S. trademark?

Yes, but the USPTO translates it. If the English meaning describes the goods, the mark is refused just as the English word would be. The application must include a translation of any Spanish wording.

What does it cost to designate the U.S. through Madrid?

WIPO's basic fee of CHF 653 (CHF 903 for a color mark), plus the U.S. individual fee of CHF 460 per class, plus any fee charged by your home office.

¿Su marca chilena está protegida en Estados Unidos?

Agende una consulta

Tell us your brand, what you sell, and where in the U.S. you plan to sell it. We will check the U.S. register, recommend Madrid or a direct filing, and give you a written estimate in U.S. dollars.

  • U.S. clearance searches
  • Madrid designations and direct USPTO filings
  • Responses to USPTO refusals
  • Amazon Brand Registry and U.S. Customs recordation