Trademark Registration in South America

Overview

A trademark is a unique symbol, word, or design representing and differentiating a brand from competitors. It provides the owner with legal protection and exclusive rights, preventing others from using a similar brand identity.

Trademark registration in South America exists independently from a unified system as the European Union manages theirs. Every South American nation maintains its own trademark registration system together with its unique set of regulatory rules and their designated intellectual property rights authorities. Any business that plans to enter Brazil alongside Argentina Chile Colombia and Peru requires individual trademark registration in each of these countries.

Trademark rights from one country cannot extend beyond national borders because protection operates on a regional basis. South American countries which are members of the Madrid Protocol enable single-filing international trademark applications.

The following blog guide includes substantial information about trademark registration in South America together with data about procedures along with trademark fees and necessary documentation and how picking the right trademark category matters.

Benefits of Trademark Registration in South America

• Legal Ownership and Protection: A registered trademark ensures that your business has exclusive rights to use its brand name or logo within the country of registration.
  
  
• Prevents Trademark Infringement: Without trademark registration, others can copy or misuse your brand. Legal action is easier when you have official registration.
  
  
• Increases Business Value: The registered trademark functions as an intangible corporate asset which improves company value and attracts investment partners as well as prospective buyers.
  
  
• Expands Market Reach: If you plan to expand internationally, registering a trademark in South America provides brand recognition and legal security.
  
  
• Protection from Trademark Squatting: In some countries, trademark squatters register well-known brand names before the original owner does. Early registration prevents this issue.

Trademark Registration Procedure in South America

Businesses need to send particular trademark registration documents to intellectual property offices of every South American nation while seeking registration. Different countries in South America maintain their separate trademark system so registration rules diverge from one another. An application with complete correct information leads to faster registration approval with minimum processing time.

1. Trademark Application Form

A correctly filled trademark application form is mandatory in all countries, including:

• INPI Brazil : Instituto Nacional da Propriedade Industrial
  
  
• INPI Argentina : Instituto Nacional de la Propiedad Industrial
  
  
• SIC Colombia : Superintendencia de Industria y Comercio
  
  
• INAPI Chile : Instituto Nacional de Propiedad Industrial
  
  
• INDECOPI Peru : Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual

2. Trademark Representation (Logo or Wordmark)

A high-resolution trademark logo or wordmark image is required for proper identification. The trademark must be:

• Clear and distinct
• It is not similar to any existing registered trademark.
• In the correct format required by the trademark office

3. Applicant’s Identity Proof

For individual applicants, a passport or national ID is required. For businesses, a company registration certificate must be submitted, proving legal existence.

4. List of Goods and Services (Trademark Class Selection)

Trademarks are classified under the Nice Classification (NCL) system, which includes:

• 34 Classes for Goods
• 11 Classes for Services

5. Power of Attorney only If Using a Legal Representative

When hiring a trademark attorney or legal representative, an applicant must submit a POA.

6. Proof of Priority (For International Applicants)

A company that registers a brand abroad under the Paris Convention has six months to exploit this priority right.

7. Payment Receipt (Trademark Registration Fees)

A proof of payment of the trademark registration fees must be attached to the application.

Estimated Trademark Registration Fees by Country:

Country	Trademark Registration Fees (Approximate)
Brazil	$300 – $1,000
Argentina	$250 – $800
Chile	$200 – $700
Colombia	$300 – $900
Peru	$150 – $600

FAQ

• Can I register a trademark for all South American countries at once?
  No, each country has its own registration system. Some allow Madrid Protocol applications for international filings.
  
• How long does the trademark registration process take?
  It usually takes 6 to 18 months, depending on country-specific regulations and opposition cases.
  
• What happens if my trademark application is opposed?
  If opposed, you must submit a legal response with evidence. The trademark office will decide the outcome.
  
  
• How much are trademark registration fees in South America?
  Costs vary but range from $200 to $1,500 per country, depending on the number of classes selected.
  
  
• What is the validity period of a trademark?
  Most South American trademarks last 10 years and can be renewed indefinitely.
  
  
• Can a registered trademark be sold or transferred?
  Businesses can sell trademarks to other companies through legal contracts which also include licensing and assignment of their trademarks.