We invite you to read the column written by our partner Eugenio Gormáz, where he addressed the importance of active and preventive trademark monitoring once registered with INAPI.
E-commerce, social media, and marketplaces have created a scenario in which brands are exposed globally and continuously, increasing the likelihood of unauthorized use.
A significant number of individuals and legal entities make the mistake of assuming that once a trademark is registered, all “obligations” related to its protection are fulfilled. The truth is that even when a trademark is registered with the National Institute of Intellectual Property (INAPI), there is still a risk that third parties will file new applications to register identical or similar trademarks for products or services. If these applications are accepted by the authority without opposition, they can lead to legal conflicts ranging from administrative disputes to complex litigation.
In this context, it is essential to implement a trademark monitoring system. This tool consists of periodically monitoring new applications filed with INAPI, with the aim of detecting possible conflicts with previously registered trademarks. Early monitoring allows the owner to evaluate the preparation and filing of oppositions in advance, preventing a third party from consolidating rights that affect the exclusive use of the trademark.
However, monitoring should not be limited to applications filed with INAPI. There are numerous cases in which identical or similar trademarks are used directly in commercial traffic without having been registered. In these situations, early detection can enable strategic management of the conflict: from an out-of-court approach to demand the cessation of misuse, to the filing of legal actions for trademark infringement, unfair competition, or other applicable legal actions.
In a highly digitized world, this need is amplified. E-commerce, social media, and marketplaces have created a scenario in which brands are exposed globally and continuously, increasing the likelihood of unauthorized use. That is why an effective trademark surveillance system must include monitoring in digital environments, not just formal registries. This is key to acting quickly in the event of infringements that could affect a brand’s reputation and positioning.
Intellectual property should be understood as a strategic asset with enormous potential to add value to businesses. Strong, well-protected brands can be decisive when attracting investors, expanding into new markets, or differentiating oneself in highly competitive sectors. But that strength is not built solely on initial registration: it is maintained through active and preventive management.
Ultimately, registering a trademark is only the first step. True protection is achieved through a strategy of constant monitoring, capable of anticipating risks and acting in a timely manner. Trademark monitoring is a key tool for protecting and enhancing the value of one of the most important assets of any business: its identity.
Column written by:
Eugenio Gormáz | Partner | egormaz@az.cl
