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Why Amazon could not register his virtual assistant Alex in Chile




Alexa, the famous Amazon voice assistant and one of Jeff Bezos' most popular devices, has problems with Chile after the Supreme Court refused to register its name in the country to match a registered trademark for another company.

In January 2016, Amazon launched the Alexy registration process in Chile, but first of all it was not possible to register the brand because the German audiovisual company Arnold & Richter Cine Technik already registered the name "Alexa".

Although the company is engaged in manufacturing cameras, both companies in Chile both share the same problems and according to Esteban Figuero, the National Director of the Industrial Property Institute (Inapi) to La Tercera, can not be registered in the same "Alexa" time of the Amazon "Alexa" by Arnold & Richter, as this would create a risk of confusion for consumers who might believe that the products or services originate from the same or related companies.

"The brand's registrability analysis is done on a case-by-case basis, taking into account not only the similarity of the brands but also the products or services that distinguish the previously registered brand," he explains. "Similarly, it can not be compared with the analysis carried out by other countries, since the applicable law in Chile and practice varies from country to country and consequently only concerns what has attempted to be registered in the country."

BACK TO ALEX

In Chile, the National Institute of Industrial Property is a public entity that performs the functions of registration, management and implementation of industrial property policies. This means that businesses need to register their trademarks there.

According to the Inapi procedure The registration of the trademark in Chile essentially involves three stages: entry and formal review of the application, preparation of the publication of the statement in the Official Journal and examination of the merits of the application.

The first step is to present the application, which require protection of products, services, business facilities, industrial facilities, or promotional phrases. A formal test is conducted from this application to verify that legal and regulatory requirements are met. Once a formal test has been approved, the application must be published in the Official Journal so that third parties may oppose the request if they feel they have a better right. There is an opposition or not, Inapi will carry out a physical check to verify that the trade mark application does not infringe any legal grounds for refusal. Once the application has been approved by this in-house review, the Inapi National Director will issue an administrative decision granting the mark and its subsequent registration. If the trademark application is rejected, there is a possibility to file this decision before an industrial property appellate court.

And this was the last thing Amazon did.

Before this example, however, His request to use Alex's name was also rejected. In the face of this, Bezos appealed to the Supreme Court, where your request was denied again. Facing it, lIn December, the American company filed an appeal for replenishment, including by using a letter from Arnold & Richter, where it gave its consentexplains that in the international markets the two companies used the name "Alexa" without any problems. Despite this, the Supreme Court has not ruled in favor of Bezos, which leaves Amazon unable to use Alex's technology to register in Chile. An alternative would be to change the name of the voice assistant, but it should not mean a change to something similar to "Alecsa" because it also takes into account that they are graphic or phonetic similarity to trademarks or previously required.

Currently, large market companies such as Google and Apple have their own personal voice assistants with established voice commands calling them ("Ok Google" and "Hey Siri"). In the case of Amazon, the Alexa call lets you look into time, shop, ask for traffic conditions, create routines, make video calls, and dictate and send text messages among many other features.




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