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Why Amazon could not register its virtual assistant Alexa in Chile




Alexa, the famous Amazon voice assistant and one of Jeff Bezos's most popular devices, has trouble getting to Chile after the Supreme Court refused registration of his name in the country to coincide with the registered trademark for another company.

In January 2016, Amazon launched Alexa's registration process in Chile, but initially registering the brand could not be done, as the German audiovisual company Arnold and Richter Kine Technik had already registered the name "Alexa".

Although the company is dedicated to the production of cameras, and in other countries both brands co-exist without problems in Chile, and according to Esteban Figueroa, national director (s) of the Institute of Industrial Property (INAPI) to La Terracora, it can not be registered the same "Alexa" is the time of Amazon and "Alexa" of Arnold and Richter, as this would create a risk of confusion for consumers who might believe that the products or services come from the same company or related companies.

"The brand registration analysis is done on a case, taking into account not only the similarity of brands, but also the products or services that distinguish the previously registered brand," he explains. "It can not be compared to the analysis carried out by other countries, as the current law in Chile and practice vary from country to country and consequently affects only what is trying to register in the national territory."

INAPI AND ALEXA

In Chile, the National Institute of Industrial Property is a public body that fulfills the functions of registration, administration and implementation of industrial property policies. That is, there is where companies must register their commercial brands.

According to Inapi, the procedure to register a trademark in Chile basically consists of three stages: entry and formal examination of the application, processing of the publication of the excerpt in the Official Gazette and examination of the merits of the application.

The first step is to present the appropriate application, which must seek protection for products, services, commercial enterprises, industrial enterprises or propaganda phrases. A formal overview is made from this application to verify that legal and regulatory requirements have been met. Once the formal examination has been approved, the application must be published in the Official Gazette, so that third parties may oppose the request if they consider that they have a better right. There was opposition or not, Inapi is conducting an essential investigation to verify that the trademark application does not violate any of the legal grounds of non-registration. Once the application has approved this essential examination, the National Director of Inapi will award an administrative decision granting the mark and its subsequent registration. If the trademark application is rejected, there is an opportunity to file an appeal to this decision before the Industrial Property Court.

And this was the last thing Amazon did.

Before this example, however, His request to use Alexa's name was also rejected. Faced with this, The Bezos company appealed to the Supreme Court, where your request was rejected again. Faced with this, lThe US company in December filed a complaint for recharging, even using a letter from Arnold and Richter to give consentexplaining that in the international markets the two companies co-existed without problems using the name "Alexa". Despite this, the Supreme Court did not make a decision in favor of Bezos, which leaves Amazon unable to use Alex's technology to register in Chile. The alternative would be to change the name of the spoken assistant, but it will not serve to change something similar, such as "Alecsa" because it also takes into account that they represent a graphic or phonetic similarity with trademarks or previously requested.

Currently, large market companies, such as Google and Apple, have their own speakers with established voice commands to call them ("Ok Google" and "Hey Siri" respectively). In the Amazon case, calling it "Alexa" allows you to consult about time, to shop, to ask for traffic conditions, to create routines, to make video calls, to dictate and send text messages, among many other functions.




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