Tortillas Bravas, S.L., a Spanish SME owned the Spanish trademark X.
Based on this trademark, it decided to register it abroad too. In particular, in Germany, United Kingdom, United States of America and Chile.
Get familiar with local regulation. Although the Mercosur countries and Chile have very reasona- ble international standards, not all of them are sig- natory parties of all the IP International treaties. In that case, local regulation is to be applied, and it may vary significantly from country to country.
In Chile, a trademark cannot be cancelled on non-use grounds. Real and effective use is not a legal requirement for its validity.
Relative grounds for refusal are ex officio exami- ned by the Trademark Office of all the Mercosur countries and Chile. Consequently, the National Office could base its rejection decision on a par- ticular trademark, regardless its owner has lod- ged an opposition or not.
Seek for local IP advice in order to know how to proceed according to your circumstances. A Chilean IP lawyer could have warned the Spanish SME on the procedural differences and have set another registration strategy.