translated from Spanish: They have qualms to entrepreneurs who wanted to register as brands “Social Burst” and “Chile Despert”

The National Institute of Industrial Property (INAPI), an entity under the Ministry of Economy, presented objections to the registration of the mark “Chile Despert” by entrepreneurs. Through a letter, Marcelo Mendez, one of the applicants was informed of this decision. “The sign requested Chile Despert, is a popular expression of indeterminate and collective origin and of current and general use, the claim of exclusive particular protection over expression, which is obtained from a trademark registration, contrary to the principles that inform fair competition and commercial ethics,” said La Tercera.In this regard, registration of that mark incurs two grounds for prohibition laid down in two subparagraphs of Article 20 of the Law on Industrial Property (No. 19.039). They thus state that the expression is “contrary to public policy, morality or good customs, including the principles of fair competition and commercial ethics”. Added to this expression is the attempt edify of “Social Burst” registration by Mauricio Catoni, who wanted to use it for personal business, but according to the Inapi “is a phrase that has been used to describe and identify a set of various social events occurring in our country from October 18, 2019, at the national level.” In view of this situation, INAPI’s national director, Loreto Bresky, said that “we have not received any order or instruction to accept or reject an application. As a technical and decentralized body we have a legal regulation (Laws 19.039 and 20.254, Regulations and Treaties) that determine the functions of the Institute and the causalities for the registration or refusal of a mark and that is the framework that is applied in the revision of all applications that are entered into INAPI, whatever the applicant and whatever the sign is requested.”

Original source in Spanish