Discover how national and international trademark registration compare, the pros and cons of each, and which is right for you.
National vs. International Trademark Registration
South America Trademark Registration
Protect Your Brand in South America Through a Simple Process Backed by Certified Local Attorneys
Why Protect.TM
Attorneys
Applications are handled by experienced local Trademark Attorneys to ensure that all legal requirements are met.
Communications
A dedicated Account Manager will act as your point of contact for all communications.
Tracking
You can use our admin panel to track and review the current status of any service you have requested.
More Services
Protect.TM offers a comprehensive suite of services to safeguard your brand globally.
WIPO registration
Register you trademark internationally by filing a trademark with the World Intellectual Property Organization.
OAPI registration
Through this treaty, you will be able protect your trademark in 16 African countries with one single registration.
Community Trademark
With this registration you will be protected in all countries that currently belong to the European Union.
ARIPO registration
Through this treaty, you will be able protect your trademark in 10 African countries with one single registration.
From our Blog
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Common Trademark Mistakes and How to Avoid Them
Applying for a trademark comes with all sorts of pitfalls. Avoid these common ones to ensure you successfully register a trademark and secure your business.
Frequently Asked Questions
What countries in South America recognize trademark registrations?
Most South American countries, including Argentina, Brazil, Chile, Colombia, Ecuador, Peru, and Venezuela, have national trademark registration systems. Some countries also recognize international registrations under the Madrid System.
Do I need to register my trademark in each country separately?
Yes, South America does not have a unified trademark system like the EU. Trademarks must be registered separately in each country where protection is sought. However, some countries (e.g., Colombia) allow registration via the Madrid System.
What is the trademark registration process in South America?
Generally, the process involves:
- Filing the application with the national intellectual property office.
- A formal examination for compliance.
- A substantive examination for distinctiveness.
- A publication period for third-party opposition.
- Approval and registration if no objections arise.
How long does it take to register a trademark in South America?
The timeframe varies by country but typically ranges from 6 months to 2 years, depending on office backlogs, oppositions, or legal disputes.
How long is a trademark valid in South America?
Most South American countries grant trademark protection for 10 years, with the possibility of renewal for successive 10-year periods.
What are the main requirements for trademark registration?
The key requirements generally include:
- Applicant’s details (individual or company).
- A clear representation of the trademark.
- A list of goods and services (classified under the Nice Classification).
- Payment of official fees.
Do I need to use my trademark before applying for registration?
Some countries, like Brazil and Argentina, do not require prior use. However, others, such as Chile and Colombia, may ask for proof of use within a certain timeframe to maintain registration.
Can I register a trademark through the Madrid System in South America?
Yes, some South American countries, such as Brazil, Colombia, Chile, and Peru, are members of the Madrid System, allowing international registration. However, others, like Argentina and Venezuela, require national applications.
What happens if my trademark is opposed by a third party?
If an opposition is filed, the trademark office will review the claims. The applicant must respond with arguments and evidence. If the opposition is upheld, the application may be rejected or require modifications.
What are the risks of not registering my trademark in South America?
Without registration, you risk:
- Trademark infringement claims if another party registers a similar mark.
- Losing brand exclusivity in key markets.
- Legal difficulties enforcing rights against counterfeiters.
- Potential loss of business opportunities if competitors secure registration first.
Still have questions?