Alexa, one of the most famous Amazon Voice Assistant and one of the most popular hands-on devices of Jeff Bezos, is getting into trouble in Chile, the Supreme Court has denied the registration of its name in the country, in accordance with the trademark for another company.
In January 2016, Alexa initiated the process of registering in Chile, but first of all, it could not be registered, as Arnold & Richter Cinema Technik registered with the German "Audio" company.
While manufacturing cameras and other companies are also dedicated to the manufacturing camera, these brands live without a Chilean problem, and Esteban Figueroa, the National Director of the Industrial Property (Inapi) La Tercera National Director (s), can not register. Amazon's "Alexa" and "Alexa" Arnold & Richter's time would create a risk to consumers' confusion because they believed that these products or services belong to the same companies or related companies.
"Trademark registration analysis is carried out in each case, not only in the brand, but also by the products or services that distinguish existing trademarks," he explains. "Likewise, it can not be compared to the study carried out by other countries, since Chile's applicable laws and practices vary from one country to another and, as a result, it is only registered in the national territory."
INAPI AND ALEXA
In Chile, the National Industrial Property Institute is a public body that fulfills the functions of registration, management and execution of industrial property. That is, they must register trademarks.
According to the Inapi procedure A Chilean trademark is basically divided into three parts: formal admission and application formal examinations, summary publication and publication in the Official Gazette and merit of request merits.
The first step is to present the corresponding applicationIt requires the protection of products, services, commercial establishments, industrial establishments or propaganda phrases. From this application a formal examination is carried out to verify compliance with legal and regulatory requirements. Once the formal examination has been approved, the application must be published in the Official Gazette, third parties may request that application, when they believe they have the right to do so. Whether it has been an opposition or not, Inapi makes a substantive analysis that the trademark application does not have legal grounds for not registering. Once the request is approved, the National Director of Inapi provides an administrative resolution that gives the name and subsequent registration. If the request for a mark is rejected, the decision of the Intellectual Property Court will be appealing.
And this was just what Amazon did.
Before this request, however, The request to use Alexa name was also rejected. Faced with this, Bezos company appealed to the Supreme Courtwhen your request is denied again. Related to that, lThe US company presented its appeal in December for a renewal, using a letter from Arnold & Richter, authorizing it, which was explained in international markets by the use of the name "Alexa" by two companies without any problems. However, the Supreme Court did not bet Bezos, and Amazon could not register in Chile to use Alexa technology. From now on, the alternate would change the name of the voice assistant, but it would not happen to something like "Alecsa". In fact, they show the graphic or phonetic similarity of the marks or pre-requisites.
Currently, large companies in the market, for example, Google and Apple have personal voice help setting voice commands ("Ok Google" and "Hey Siri" respectively). In the case of Amazon, if you call "Alexa", make inquiries about time, make purchases, ask about traffic conditions, create habits, make video calls and send and send messages, among other things.