Seal of Origin

What is a Seal of Origin?

The preservation and encouragement of special forms of manufacturing, traditional trades, and unique products of our country are the objectives sought with the recognition granted by the seal of origin.

A Seal of Origin is a certification mark whose titleholder is the Ministry of Economy, Development, and Tourism. The use of the Seal in recognized products is free of charge, as long as the specific requirements outlined in the regulations are fulfilled.

Today, Chile has a great variety of products associated with a specific part of our country, which stand out for being the result of long-standing traditions and unique in their field. The Seal of Origin is a program aimed towards the creation, promotion, preservation, protection, and development of traditional or unique products in our country characterized by having a strong link to the territory in which they were made, in order to recognize and reward the effort and work put into them.

GI, AO, collective marks, and certification marks are industrial property rights covered by Law No. 19,039 and its regulations. These tools drive the preservation and stimulus of certain forms of traditional production or manufacturing and encourage unity in regional communities, boosting the economic development of small manufacturers around our country.

The Seal of Origin program was officially launched in the town of Pomaire in July 2012 as a joint initiative between the Ministry of Economy, Development and Tourism and INAPI, in order to promote the appropriate use of industrial property tools to recognize and protect Chilean products through the registration of GI, AO, collective marks, and certification marks, with an end to drive entrepreneurship and the development of communities throughout the country.

Benefits of obtaining the Seal of Origin

The efforts of the communities in our country can be repaid by granting a seal of origin.

With the recognition of a GI, AO, collective mark, or certification mark, producers and consumers can:

• Increase their competitiveness, thanks to the effort that producers must make to work together.
• Deepen the relationship with what is “ours”, emphasizing local traditions.
• Be protected against disloyal competition.
• Pass on information about the qualities and characteristics of the product, emphasizing to consumers the value of that which is unique and different.
• Promote tourism and new services, thanks to the existence of products linked with certain localities.

What is the cost of obtaining a GI, AO, collective mark or certification mark?

Registering a geographical indication (GI), appellation of origin (AO), collective mark, or certification mark, is subject to a fee payment equivalent to 3 UTM (Monthly Tax Credits).

When filing the application with INAPI, a payment of 1 UTM must be made in order for the application to be accepted for processing.

Once the application is accepted for processing, tan extract of the application must be published in the Official Gazette. The format and deadlines of this publication are outlined in the Regulations under the law on industrial property. The cost of publication depends on the length of the extract and the cost of the label, if applicable.

If the geographical indication, appellation of origin, collective mark, or certification mark is accepted for registration, a final payment of 2 UTM must be made.

The application form for a geographical indication, appellation of origin, collective mark, or certification mark can be downloaded directly from the INAPI website free of charge, and must be printed by the applicant in legal size paper. The application for a GI or AO must be filed with the relevant background information directly at an INAPI office.

Geographical indications (GI) and appellations of origin (AO) are distinguishing signs. Both rights recognize or identify a product as originating from a geographical area, attributing to it certain qualities, reputation, or other characteristics fundamentally linked with its territorial origin. In the case of AOs, in addition to the former elements, human factors such as special techniques or processes in the making or gathering of a product must also be present.

What is the difference between a geographical indication and an appellation of origin?

Steps to obtain a Seal of Origin

The Seal of Origin can only be used on products of Chilean origin that have previously been recognized by INAPI, such as registered geographical indications, appellations of origin, collective marks, or certification marks, as long as the distinguishing element of these is a result of its geographical origin and it fulfills the other requirements established in the Law.

1. Preparing the application

1.1 Identifying the right to apply for

Before filing an application with INAPI, the right that is desired must first be defined, according to the characteristics of the product in question.

• Review a summary outlining geographical indications and appellations of origin (GI/AO).
• Review a summary outlining collective marks and certification marks.

1.2 Prepare background information for GI or AO

If, as a result of step 1.1, you have identified that your product could obtain either a geographical indication or an appellation of origin, the following documents should be prepared:

a. A technical study, which should contain at least:

Background information on the product, in which a detailed and exhaustive collection of data regarding producers, manufacturers, or artisans of the product in the respective geographical area is presented.

Description of the geographical area of production and/or extraction and/or processing and/or cultivation and/or preparation of the product to be distinguished by the geographical indication or appellation of origin.

Document describing the product, detailing, for example, the principal characteristics or physical, chemical, microbiological, organoleptic, or presentational qualities of the product.

Alternatively, information can be included regarding the reputation of the product, in case there is a provable record of said reputation, as well as historical aspects in the production and/or extraction and/or processing and/or cultivation and/or preparation of the same.

If relevant, characteristics of the raw material may also be included.

In the case of appellations of origin, the natural and human factors influencing the qualities, characteristics, or reputation of the product should also be highlighted.

Description of the production and/or extraction and/or processing and/or cultivation and/or preparation process of the product for which protection is sought.

Background information and proof of the fact that the quality, reputation, or other characteristic of the product are fundamentally or exclusively attributable to its geographical origin.

The sources on which the study is based, if any, must be explicitly referenced.

IMPORTANT: The technical study must be carried out or underwritten by a professional in the relevant field.

B. Map of the geographical area of production and/or extraction and/or processing and/or cultivation and/or preparation of the product, which will be distinguished by the geographical indication or appellation of origin, clearly delimited according to the articles of Law No. 19,039 and its regulations. This entails identifying the geographical area associated with the product for which recognition is sought, with clear and specific limits, and including an outlined map of the geographical area and a description of the same, as set out in Article 97c of Law No. 19,039 and Article 14 of its regulations.

C. A proposal for the regulations of use and management of the product for which protection is sought with a geographical indication or appellation of origin. The objective of these regulations is to set down in writing a series of aspects related to the proper use and safeguarding of the registered geographical indication or appellation of origin. These regulations should contain, at least:

Articles which regulate the proper use of the geographical indication or appellation of origin in question, with an end to guaranteeing that the relevant products effectively possess the qualities, reputation, or characteristics described in the technical study, and that these are primarily attributable to its originating from the protected geographical area.

Articles which establish the mechanisms of control and possible sanctions considered in order to guarantee compliance with the norms regulating the use of the right by the producers in the protected geographical area, such as: fines, suspension of social rights, in the case of a co-operative organization, or others.

A procedure which regulates changes to the regulations and how these will be notified to the users of the geographical indication or appellation of origin sought, previous to the filing of the regulations with INAPI in order to process it, according to the procedure contained in Law 19,039.

1.3. Preparing background information for collective marks

If, as a result of step 1, you have identified that your product could obtain a collective mark registration, regulations for its use and management should be established.

These regulations should contain the totality of provisions (internal standards) that are meant to unify or standardize the use of the mark on the behalf of associates with relation to the products in question, always considering the link to the geographical territory. These standards may consist of elements used to identify said products as belonging to a determined group of producers. The regulations of use should contain at least:

• The applicant’s identifying information.
• Characteristics or qualities in common among products distinguished with the mark.
• Conditions and types of use of the mark.
• People who are authorized to use the mark.
• Affiliation requirements.
• Provisions for ensuring that the mark is used in accordance with usage regulations, such as, the compliance of the associate with the mechanisms of control established by the titleholder of the mark in order to ensure that the usage conditions outlined in the regulations are followed.
• The motives for which a member of the association can be barred from using the mark.
• Sanctions for non-compliance with usage regulations levied to members of the association who have been authorized to use the collective mark.

1.4 Preparing background information for certification marks

If, as a result of step 1, you have identified that your product could obtain a certification mark registration, regulations for its use and management should be established.

This document should indicate the quality, the components, the origin, or any other characteristic of the corresponding products for which the mark is sought, always keeping the territorial link in mind. The regulations should also establish the measures of control that the titleholder of the guarantee mark or certification mark intends to implement, as well as the sanctions levied against those who, having requested authorization and being thus authorized by the titleholder of the guarantee mark or certification mark, fail to observe the conditions of use outlined in the regulations. The regulations should contain at least:

Products that can be certified by the titleholder.

The quality, components, origin, or any other characteristic of the corresponding products that are to be accredited, certified, or guaranteed through the guarantee mark or certification mark. Conditions and types of use of the mark. That is, requirements that enable interested parties to apply for authorization from the titleholder to use the mark, as well as accept the control mechanisms that the titleholder has established in order to ensure that the usage conditions outlined in the regulations are followed.

The manner by which the titleholder will exercise quality control before and after authorizing the use of the mark.

The provisions that enable the titleholder to ensure and control that the mark is used by parties previously authorized in accordance with the regulations of use, and that can, among other things, signal that its titleholder is barred from using it.

The motives for which the use of the mark can be prohibited to a person previously authorized to use it.

Sanctions for non-compliance with the regulations of use levied against those who have signed an agreement with the titleholder in order to use the guarantee mark of certification mark.

1.5 Classifying the product

As is the case with normal commercial trademarks, when applying for a geographical indication, appellation of origin, collective mark, or certification mark, the class or classes that they belong to, according to the International Classification, must be explicitly indicated. The classification, known as the “International Classification of Goods and Services for the Purposes of the Registration of Marks” or “Nice Classification”, is an instrument used to sort classes of products and simplify searching for registered trademarks which are similar to trademarks being applied for. It was established through an international multilateral agreement concluded at the Nice Diplomatic Conference in 1957.

On INAPI’s website, you can access an Online Classification tool, providing rapid and practical help with correctly cataloging products for which registration is sought. This tool is available here.

1.6 Completing the registration application form

In the case of geographical indications and appellations of origin: once the previous points are satisfactorily complete, fill out the corresponding registration application form FPI-27. Fill out all the required information, including the detailed description of the product or products that the geographical indication or appellation of origin applied for is meant to distinguish, as well as its characteristics, reputation, or essential qualities, and the classification of the product or products in question according to the Nice International Classification.

The form can be filled out electronically using Adobe Acrobat Reader 9. Once the required information has been entered, please print the form in legal size paper.

In the case of collective marks:

Once the previous points are satisfactorily complete, fill out the corresponding registration application form FPI-62. Fill out all the required information, such as the classification of the products or services in question according to the Nice International Classification.

In the case of certification marks:

Once the previous points are satisfactorily complete, fill out the corresponding registration application form FPI-63. Fill out all the required information, such as the classification of the products or services in question according to the Nice International Classification.

2. File the application with INAPI

The application form for geographical indications, appellations of origin, collective marks, or certification marks can be downloaded directly from this website free of charge. The applicant should print the form in legal size paper.

The application for geographical indications, appellations of origin, collective marks, or certification marks should be filed directly at the INAPI offices, located at Avenida Libertador Bernardo O’Higgins 194, 1st Floor, Santiago, from Monday to Friday from 9am to 2pm.

The documents that should be included in the application are the following:

• Registration application form.
• Necessary background information for the geographical indication, appellations of origin, collective mark, or certification mark.
• Payment order and proof of payment for the first payment (F10).

IMPORTANT: This payment can be made online.

The payment order for the first payment can be filled out directly on INAPI’s website. Afterwards, you should pay the corresponding 1 UTM fee at any bank.

3. Preliminary examination

Once the application has been filed, INAPI will examine it to ensure it complies with the basic requirements established in the Law, from ensuring that all the documents (regulations, power, map) are included to ensuring that the application clearly indicates and classifies the products for which protection is sought.

If any error or omission is found, observations will be placed on application and INAPI will notify the applicant so that he or she can make the relevant corrections or clarifications within a 30-day time period. Said notification is made through an INAPI daily statement.

If the correction is not made within the specified time period, the application shall be deemed to have been abandoned.

4. Ministry of Agriculture report

In the case of geographical indication or appellation of origin applications for forestry, agriculture, and livestock products or agroindustry products, a Ministry of Agriculture report is necessary, which will be issued within a time period of 120 days. This report will determine whether the geographical indication or application of origin applied for can be granted.

5. Publication

After the preliminary examination, in the case of geographical indications and appellations of origin, the applicant should publish an extract of the application in the Official Gazette, within a time period of 60 days from when the application was accepted for processing. In the case of collective marks and certification marks this time period is instead 20 days long.

6. Opposition

Once the application extract has been published, a time period of 45 days begins in which any person can oppose the application for a geographical indication or appellation of origin, or 30 days for collective marks and certification marks. Valid causes for opposition are outlined in the Law on Industrial Property. An opposition to a publication initiates a contentious process, culminating in a judgment on the acceptance or rejection of the opposition to the application.

7. Substantive examination

After publication, if no opposition has been filed, INAPI will examine the application to ensure it fulfills the following substantive requirements:

• a. That the accompanying documents ascertain the existence of a link between the geographic zone of origin and the reputation, qualities, or characteristics associated with the product.
• b. That sufficient proof has been provided of differences between the product and identical or similar products with a different origin.
• c. That the mark is not in opposition to morality or the public order.
• d. That the mark does not induce error or confusion in consumers with respect to the provenance of the geographical indication or the appellation of origin, or to the attributes of the products that these intend to distinguish.
• e. That the mark is not generic or in common use to distinguish the product in question.

In the case where observations have been made, the applicant has a time period of 45 days to formulate a response. For collective marks and certification marks, the time period is instead 30 days.

8. Resolution

The National Director of INAPI issues a final decree accepting or rejecting the registration of the geographical indication, appellation of origin, collective mark, or certification mark.

Once the registration has been accepted, the applicant should pay the final dues within a timeframe of 60 days counted from the acceptance being notified to the applicant.

IMPORTANT: Proof of this payment must be provided to INAPI.