Frequently Asked Questions

What are the main requirements for applying for a geographical indication or appellation of origin?

Some of the most important requirements are that the product for which the registration is sought must have a detailed description in which its essential qualities or characteristics are highlighted, a technical study carried out by a competent professional, which presents the background information needed to prove that the characteristics or qualities attributed to the product are fundamentally or exclusively tied to its geographical origin, and the regulations of use and control of the indication or appellation sought.

What are the benefits of geographical indications and appellations of origin?

The benefits of geographical indications and appellations of origin are the following:

They foster and promote organization of their productive sector (the social organization of the area).

They facilitate the access of its products to national and international markets.

They improve the marketing and offering of the product on a regional, national, and international level.

They use the existing legal framework to protect said products on a territorial (national) level, lasting indefinitely.

How long does a geographical indication or appellation of origin last?

A geographical indication or appellation of origin lasts indefinitely.

Who can apply for a geographical indication or appellation of origin?

According to article 94 of Law No. 19,039, “Any natural person or legal entity may request the registration of a geographical indication or appellation of origin, provided that he/it represents a significant group of producers, manufacturers or artisans, regardless of the legal form, whose lands, or establishments of extraction, production, processing and preparation are within the delimited zone established by the geographical indication or appellation of origin requested and who/which meet the other requirements laid down in this Law.

National, regional, provincial or local authorities may also request the recognition of a geographical indication or appellation of origin where the geographical indications or appellations of origin are located inside the territories within their corresponding jurisdiction”

Who has the right to use a geographical indication or appellation of origin?

All producers, manufacturers, or artisans who do business within the delimited geographical area have the right to use a geographical indication (GI) or appellation of origin (AO) for the products specified in the registration. This includes those not included in the original application, as long as they comply with the regulations of use and control established for the respective GI or AO.

Said regulations are public and can be requested directly from the applicants of the GI or AO at INAPI public attention offices located at Avenida Libertador Bernardo O’Higgins 194, 1st floor, Santiago.

Only those who do business within the delimited geographical area can use the Spanish terms “Indicación Geográfica” or “Denominación de Origen” (geographical indication and appellation of origin) or their initials “I.G.” and “D.O.” respectively to identify their products. These labels can be placed on the packaging, as long as the product is presented in a sealed fashion to the consumer, in a way that requires destroying the packaging in order to access the product.

Who can apply for a collective mark?

A collective mark can be applied for by an association of producers and manufacturers of goods, service providers or merchants, or a group of people part of the same legal entity.

A legal entity can apply for a collective mark as long as it brings together or represents two or more producers, manufacturers, merchants, or service providers.

Who can apply for a certification mark?

Companies, private and public legal institutions, and regional or international state bodies can apply for a certification mark.

What signs or expressions cannot be registered as a geographical indication or appellation of origin?

According to article 95 of Law No. 19,039, the following signs or expressions cannot be registered as geographical indications or appellations of origin:

Signs or expressions that are not compliant to definitions outlined in article 92 of Law No. 19,039. Said article establishes that a geographical indication identifies a product as originating from a country, region or locality in the national territory where a given quality, reputation or other characteristic of the product is essentially attributable to its geographical origin. An appellation of origin, on the other hand, identifies a product as originating from a country, regional or locality in the national territory where a given quality, reputation or other characteristic of the product is essentially attributable to its geographical origin, while taking into consideration other natural or human factors that have an impact on the characteristics of the product.

Signs or expressions that are contrary to morality or public order.

Signs or expressions likely to mislead or create confusion among public consumers, with respect to the source or attributes of the product that a geographical indication or appellation of origin is intended to distinguish.

Signs or expressions that are common or generic indications to protect the product in question, being understood as those considered as such by those with knowledge of the matter or the general public, unless they have been recognized as geographical indications or appellations of origin under international treaties ratified by Chile.