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

No. 68

Sir: I have the honor to refer to the Department’s instruction No. 23 of December 12, 1935, relating to discrimination against foreigners applying for patent and trade mark registration in Chile, and requesting the Embassy to confirm or clarify the statement contained in the last paragraph of its despatch No. 10 of November 12, 1935, to the effect that a foreign applicant might possibly obtain the benefit of the lower fees chargeable to local applicants by presenting his application through the medium of a Chilean citizen.

The matter was discussed with the Chief of the Section of Patents and Trade Marks of the Ministry of Fomento, who informed the Embassy that the benefit of the lower fees chargeable to applicants resident in Chile would be extended to a local agent of the foreign applicant only in his own name, the patent or the trade mark being considered as the personal property of the agent. An application submitted by a local agent in the name of an applicant resident outside of Chile would pay the 400% surcharge provided for by the present law.

It is evident, therefore, that a non-resident applicant applying for trade mark or patent registration in Chile could not have his trade mark or patent registered in his own name through a local agent and at the same time obtain the benefit of the lower rates of registration.

Respectfully yours,

Hoffman Philip