Our expert in Trademarks and Domain Names, Catalina Baranger, reviews some issues to consider regarding the ownership of a domain name in Chile.
Who can be the owner of a domain name in Chile?
Any natural or legal person, national or foreigner.
The owners shall inform NIC Chile about an electronic address for submitting all the necessary communication and additionally could indicate if it is desired to make use of this option, a valid identification number in Chile (National Identification Number or Taxpayer Number).
In the case of foreigners, an equivalent document issued by a public authority in their respective country shall be accepted.
For the registration application of a domain.cl by a foreigner it shall no longer be necessary to have a representative or intermediary domiciled in Chile, but he will be able to do it directly through a user account of the registration and management system of NIC CHILE’s domains.
Is the change of ownership the same as the domain transfer?
Yes. The change of ownership is the procedure that replaced the Domain Transfer in the new modification to the policies of Domain Names.
This procedure starts with the administrative contact of the domain by which the domain name is transferred to another owner. This includes the modification of the owner’s identification: name or corporate name, electronic address and identification document in case the latter has been informed.
This will take place as long as the change of ownership is not blocked.
For domain names registered before December 1, 2013, it shall be necessary for the current owner to start the procedure by completing the form available at NIC Chile’s website.
It is necessary to attach copy of the current owner’s identification number, the data of the new owner and the electronic address identifying the user’s account of the future administrative contact, among others.
Is a domain name the same as a registered mark?
No. The registration process of a trademark is completely different to the domain name registration.
A same trademark can be registered by more than one company if said companies belong to different fields or geographical areas. In turn, under the domain.cl, each name can be only assigned to a sole applicant.
Although trademarks and domain names are different, the use of a domain name can enter into conflict with a registered trademark.
Is it compulsory to register under the domain.cl in order to have more presence from Chile?
No, it is just the most usual domain.
There are domains like .com (commercial), .net (nets), etc. in which registrations are accepted from any place in the world.