Applying for an international trademark is always a tedious exercise. Each nation has its regulations. In most cases, the legislation is not harmonized. Thus, the applicant must modify the application depending on the country.
For the past year, Chilean applicants can apply for the same trademark using the unified requirements set by an international agreement, the Madrid Protocol for protecting international brands. This international convention is valid in almost 130 countries corresponding to more than three-quarters of the world's population.
The Madrid Protocol sets a unified group of formal rules to facilitate applying for trademarks in the member states. For example, the Madrid Protocol prescribes a specific format for all applications. This measure simplifies the presentation of brands, allowing applicants to use the same filing application. In addition, people can use one language to apply for a new trademark saving a lot of money in translations.
International corporations use the Madrid Protocol because it helps them internationalize their markets. Many companies sell their goods and services in many countries worldwide. At the same time, many people produce their goods in one place, and they sell them in other nations. Registering the mark lets companies protect the production and commercialization of products. For instance, many companies producing luxury products register their trademarks in Indonesia or Vietnam, knowing they will not sell any goods in these countries. However, they consider it essential to avoid other fabricating counterfeiting goods. Having trademarks allow them to enforce their rights.
Chile implemented the Madrid Protocol last year. After one year of the Madrid Protocol in Chile, statistics show that foreign companies use the system extensively to seek protection in Chile. Most users come from the United States. Pharma and the food industry are utilizing this system intensively. The second largest number of applications are coming from China. Many tech companies from China are registering in Chile as any other country. The rest of the applicants come from Europe, such as Germany and Spain.
On the other hand, Chilean applicants have used the system to extend their operations mainly across the Latin America region. The biggest destinies of the Chilean applications in the region, obviously, are Brazil and Mexico. These countries concentrate most consumers in the continent; for this reason, they are usually the target of international trademark protection.
The numbers, however, show an unbalance between applications coming and going from Chile. Indeed, the system is used mainly by big companies seeking protection. Most big companies, in turn, are from developed economies such as the United States, Europe, and Asia.
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