Trademark Caselaw | Chile | CORONA (Logo) Refusal Goes to Court

Cerveceria Modelo de Mexico, S. de R.L. de C.V. recently appealed INAPI´s refusal of its trademark application for its CORONA (Logo) in classes 35 and 41.

Cerveceria Modelo de Mexico’s trademark CORONA (Logo)

INAPI, Chile’s patent and trademark office, admitted an opposition filed by local company Multitiendas Corona, S.A., based on several trademark registrations for CORONA (Logo) in multiple classes, including class 35, and refused the application on March 4. It also based its refusal on a trademark registration for CORONA SUNSETS, in class 41.

Chilean company Multitiendas Corona, S.A. owns registrations for its CORONA (Logo) in classes 3, 11, 16, 18, 20, 24, 25, 28, 35, 39 and 42.

While Modelo argued that its trademark CORONA (Logo) had been in Mexican and international markets since 1928, that it was a well-known trademark, that there were relevant differences between the conflicting marks that would allow them to coexist, and that there was no connection between the services they identified; INAPI not only found that the services identified with the previously registered trademark were commonly offered along with those identified with the proposed trademark, since they share the same nature and purposes; but such marks were similar enough that consumers would not be able to easily identify one from another, and ruled in favor of the opponent.

INAPI additionally cited trademark CORONA SUNSETS, as basis for refusal, since it identifies the exact same services, in class 41, as the proposed mark.

On April 22, the case was sent to the Industrial Property Court, following Cerveceria Modelo de Mexico’s appeal.

Click here to request a copy of INAPI’s decision or in case you wish any additional information.