The concept of a trade mark will never be the same in Chile. To adapt and comply with international treaties signed by the Chilean government, a series of modifications have been made to the Chilean IP Law, including a new definition of a trade mark as "any sign that can be graphically represented, which is able to distinguish products or services". Therefore, not only words, logos, labels and colour combinations can be protected, but also sounds.

The old definition was limited to "visible" signs, but the new definition has made it possible, for the first time, to register a sound mark before the Chilean Trade Mark Office. This sound mark registration consists of the corporate melody of the multinational company Allianz AG. This sound mark had been registered in other countries with advanced IP legislations and also registered as a Community trade mark.

Given that a trade mark must be graphically represented, the Chilean Trade Mark Office issued a wise decision by granting the registration of this distinctive melody as a sound mark, because music – and in particular publicity melodies – can be graphically represented by a musical score. In this case, the corresponding score was duly published in the Official Gazette in compliance with the Chilean Law.

However, this type of registration will not be exempt from difficulties, mainly related to copyright matters, since in Chile the law recognizes that the authorship of a work – for example, an advertising jingle – belongs only to individuals, and not to entities or companies.

This very first registration of a sound mark opens a new field of IP protection, as nowadays more and more consumers recognize and identify products through the music, melodies and jingles used to promote them.

Alessandri & Compañia represented Allianz AG in its application

Rodrigo Velasco A