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.
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.
View data table
| Filing year | Filed | Registered to date | Via Madrid |
|---|---|---|---|
| 2021 | 328 | 198 | 7 |
| 2022 | 316 | 170 | 6 |
| 2023 | 330 | 143 | 15 |
| 2024 | 274 | 123 | 12 |
| 2025 | 245 | 97 | 17 |
| 2026 (Jan.–Sept.) | 157 | 15 | 1 |
Most common classes in Chilean filings
Applications naming each class, 2021 to 2025. A filing can name more than one class.
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.
View data table
| Rank | Owner | Live U.S. registrations |
|---|---|---|
| 1 | The Not Company SpA | 47 |
| 2 | Falabella S.A. | 33 |
| 3 | Viña Concha y Toro S.A. | 29 |
| 4 | LATAM Airlines Group S.A. | 24 |
| 5 | Viña 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.
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.
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.
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.
View data table
| Year | Applications filed | Registrations issued |
|---|---|---|
| 2021 | 328 | 156 |
| 2022 | 316 | 145 |
| 2023 | 330 | 149 |
| 2024 | 274 | 201 |
| 2025 | 245 | 187 |
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 lets a brand reserve its U.S. rights before launch. Madrid designations account for 4%.
View data table
| Basis | Applications | Share |
|---|---|---|
| Intent to use · § 1(b) | 920 | 62% |
| Use in U.S. commerce · § 1(a) | 250 | 17% |
| Home registration · § 44(e) | 204 | 14% |
| Priority claim · § 44(d) | 178 | 12% |
| Madrid designation · § 66(a) | 57 | 4% |
What happened to Chilean applications, by filing year
Status today of applications filed each year. Recent years are still largely pending.
View data table
| Filing year | Registered | Abandoned | Pending or other |
|---|---|---|---|
| 2021 filings | 198 | 118 | 12 |
| 2022 filings | 170 | 135 | 11 |
| 2023 filings | 143 | 151 | 36 |
| 2024 filings | 123 | 90 | 61 |
| 2025 filings | 97 | 54 | 94 |
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.
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.
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.
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.
| Example: black-and-white mark, U.S. designated only | 1 class | 2 classes | 3 classes |
|---|---|---|---|
| WIPO basic fee | CHF 653 | CHF 653 | CHF 653 |
| U.S. individual fee | CHF 460 | CHF 920 | CHF 1,380 |
| WIPO total to enter the U.S. | CHF 1,113 | CHF 1,573 | CHF 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.
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.
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
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
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.
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.
TerritorialityClear and file the U.S. application before export.
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 dependencyCompare Madrid and a direct filing for each brand.
Copying INAPI goods descriptions
Descriptions accepted by INAPI are often too broad for the USPTO, leading to refusals or surcharges.
Identification of goodsUse USPTO ID Manual wording.
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 termsBuild the label around a distinctive name.
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 enforcementRecord each registration with CBP once it issues.
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.
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