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Apple trademarks Retina despite objection from Argentine doll maker

By Estudio Chaloupka - 27/12/2017
Apple trademarks Retina despite objection from Argentine doll maker

American technology company Apple obtained an important victory in Argentina after a Federal Civil and Commercial Chamber upheld a decision from the National Institute of Industrial Property (INPI).

Apple filed an application before INPI to register the trademark Retina Display, a brand name used by the company for its series of panels displays that have a higher pixel density than traditional displays, used for nearly all of Apple products containing a screen, including Apple Watch, iPhone, iPod Touch, iPad, MacBook, MacBook Pro and iMac.

Argentine doll maker Yoly Bell opposed the registration arguing it could confuse consumers with its already registered trademark Regina, which names one of its dolls. According to Diario Judicial, Yoly Bell stated that there was an "obvious confusion between both signs" specially because of the "phonetic identity they possessed", which could generate that "at the mention of one trademark consumers may evoke the other". Apple disputed that both trademarks had "completely different meanings, because while Retina Display clearly related to the eye as an organ, Regina described a woman's name".

INPI finally granted the trademark Retina Display to Apple and Yoly Bell appealed the ruling before a Federal Civil and Commercial Chamber. But the decision was upheld in the grounds that Yoly Bell's arguments were "unfounded" and "not properly sustained".  

By Estudio Chaloupka - 27/12/2017
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Estudio Chaloupka

Estudio Chaloupka Industrial Property is a professional firm specialized in Intellectual Property, existing as of more than 50 years (under different names), with a staff of professionals with a high level of technical and legal expertise in trademarks, patents, models and industrial designs, copyright, software, licensing, domain names and litigation.

The firm provides its clients - pertaining to the fields of pharmaceuticals, chemicals including agrochemicals, banking, luxury goods, equipment and supplies for the oil industry, footwear, garments, food and drinks, hotels- with a complete range of intellectual property services not only in Argentina but also throughout the world. 

Our professional team is committed to providing clients with high quality services, tailored to their particular needs, allowing  them to achieve their professional and business goals.