Chile is perhaps the last of the major countries not to have the obligation of use for the registered trademark. Things will change soon because an amendment to the Trademark Law has been approved which will introduce (expected not before October 2021) the obligation of use under penalty of forfeiture. On this occasion, we remind you that not using the ® symbol in Chile already prevents access to criminal protection in the event of counterfeiting and, with the new rules, the absence of the symbol will be evaluated as an indication of the vulgarization of the sign, in the case of which this tends to be used as a generic product name.

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