The Secretary of State to the Ambassador in Chile ( Philip )

No. 23

Sir: The receipt is acknowledged of your despatch No. 10, of November 12, 1935, relating to discrimination against foreigners applying for patent and trade mark registration in Chile.

It appears that Chile is not a party to any treaty with the United States by virtue of which this Government could demand national treatment for American applicants for patent and trade mark registration, and since it appears from your reports that the Chilean law under consideration does not discriminate against Americans as compared with all other foreign applicants, there would not appear to be any basis for protest. However, before considering the matter further the Department desires the Embassy to confirm or clarify the statement [Page 429] contained in the last paragraph of the Embassy’s despatch under acknowledgement to the effect that a foreign applicant might obtain the benefit of the lower fees chargeable to local applicants by “presenting his application through the medium of an agent resident in Chile”. It is not clear whether an applicant applying for a trade mark or patent registration in Chile could have his trade mark or patent registered in his own name, although the application be submitted by a local agent, and at the same time obtain the benefit of the lower rates of registration.

It seems doubtful that the Chilean authorities would concur in the above view since its general adoption would permit the circumvention of the law imposing higher fees on foreign applicants. On the other hand, if the benefit of the lower fees could be obtained only by having the local agent register in his own name the foreign trade mark or patent would assume a risk much more important than the payment of the higher fees charged to foreign applicants.

Very truly yours,

For the Secretary of State:
R. Walton Moore