Polla Chilena de Beneficencia Involved in Trademark Dispute

March 12, 2020 | Legal

SANTIAGO, Chile  — The state-owned lottery Polla Chilena de Beneficencia S.A. is involved in a trademark dispute over the registration of the “Raspes” brand before the National Institute of Industrial Property (Inapi), claiming this denomination would lead to confusion for consumers.

The requested brand is found by indicating the name, category and objective of the products it intends to distinguish, which are ultimately for electronic games, without any distinctive character, therefore, the fact of granting the requested brand will induce consumers to make mistakes and confusion about the origin of the products offered,” the Concepción Lottery said in its argument.

The institute notified the applicant that the requested mark incurred in the grounds of illegality, given the previous existence of the application for registration of “Raspes Chanchitos”.

However, the Inapi ruled that the coexistence of the signs may lead to the risk of confusion caused by the lack of clarity to which consumers may be induced when choosing one product from another, leading them to think that they are the same brands and that therefore have the same business origin.

In this sense, it is clear that it is enough that there is the possibility of such a risk to configure the previous situation,” said the institute, adding that, for these purposes, an average consumer will be understood as someone who does not stand out even for their particular knowledge nor for being particularly ignorant; It is a person endowed with reasoning and normal powers of perception, which is faced with the multiple offer of products of the same or directly related nature, but of different business origins.

In late February, Polla Chilena de Beneficencia appealed to the Industrial Property Court, in a process that has just begun.


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