Tuesday, 20 May 2014
In April 2012 INAPI rejected the opposition based on Articles 20(e) and (j) of the Industrial Property Law, since protection the appellation of origin CHAMPAGNE only applied to products in Class 33. The opposition was upheld for “soaps, essential oils, cosmetics and hair lotions” based on Article 20(f), where there was a risk of confusion, but rejected for “bleaching preparations and other substances for laundry preparations for cleaning,” among other products.
The Comité appealed to the Industrial Property Court which, in September 2013, allowed the appeal and refused the trade mark for all products in Class 3. Since the term “Champagne” corresponded to a famous appellation of origin, it could not be used or registered in Chile by anyone who was not a producer of that type of wine in France. Moreover, acceptance of the mark would induce consumers to believe that products bearing that mark were originally from the French region of Champagne.
Source: INTA Bulletin, May 1, 2014 Vol. 69 No. 9