MACKAY V/S MCKAY: ATTORNEYS FACED BY TRADEMARK

12 / 05 / 2015

MacKay & Company Law Firm, filed an opposition action against McKay & Company Lawyers on the ground of its great similarity, arguing that induces into error or confusion to the consumers. The National Institute of Intellectual Property (INAPI) decide in favor of the plaintiff and rejected the trademark application made by the second lawyers, decision that was appealed and is now pending before the Court of Industrial Property.

MacKay provides legal services for more than 20 years in Valparaíso and also has offices in Santiago, focusing on commercial, corporate and maritime practice.

On the other hand, McKay is located in Santiago and has corporate and commercial practice.

Historically, law firms have named their offices with the surname of its founder or members. However, this has not gone hand to hand with an analysis of protection possibilities, much less being applied as a trademark for legal services, which has created conflicts and confusion, since, just as with any trademark, the chosen expression must be distinguishable in the market, in order to avoid problems like that “McKay” and “MacKay are now living “.

For more information please contact Max Villaseca (max@villaseca.cl) or Alvaro Arevalo (aarevalo@villaseca.cl).