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Tesla Inc., the famous electric car company, linked to Elon Musk, came to Chile to register its brand in the country seven years ago. However, he found a surprise. In Chile, Tesla already exists. Strictly speaking, the firm "Tesla Ingeniera y Proyectos Ltda.", Which also registered the site tesla.cl and, inter alia, badociated with its brand the "clbad 37", related to the field of electricity. [19659002] From that moment began a dispute that adds several lawsuits before the Industrial Property Tribunal (IPT) and that a month ago added a new episode, when North America has expressed its intention to register his name for the development of photovoltaics. According to David Arnold, Tesla's Director of Global Communications, Tesla is a "standard trademark application" in different countries.
Chile Tesla does not manufacture engines or cars, but is mainly dedicated to refrigeration projects and solutions. It is located in Valparaso and was founded in 1999 by two engineers: Jos Gonzlez and Luis Santibez. Currently has 25 employees. The name, according to Chileans, comes from admiration for the Serbo-Croatian inventor, Nikola Tesla.
The first round: the nullity
Since 2011, the Chilean Tesla had to coexist with the mark Elon Musk in the country. , because this year, Tesla Inc. made its first trademark registration for cars (clbad 12). From there, the conflict between Tesla companies has not known any truce, because in October of the same year, Tesla Inc., represented by the firm Beuchat, Barros and Pfenniger (BBP) -study, preferred not to comment on this case, sue before the SME brought to the ICC to demand the "nullity" of its mark, among other reasons to try to take advantage of "the fame or the good will of the plaintiff."
Tesla Ltda contract to attorney Matas Somarriva, who currently represents them by CMS Carey & Allende
According to Somarriva, the charge of taking advantage of the fame of Tesla Inc., founded in 2003, is Was not valid because "at the time of registration of my representatives in clbad 37" As of May 31, 2010, we did not know, "says the lawyer.
In January 2018, the TPI dismissed the nullity of the Tesla porter mark, since "the plaintiff does not accompany evidence tending to prove that you have used real and effective in the national territory xpresin TESLA to distinguish, inter alia, (.. .), installation services, vehicle repair, clbad 37 ", says the decision. In addition, the CFI rejected the bad faith in the registration of the mark Gonzlez and Santibez.
However, Inapi granted Tesla Inc. the "exception of Clbad 12 car maintenance and repair services." , clbad 37. "With this, the highest organ in the case will have" partially "accepted the claim.
" I appeal to this judgment (…), because that is not the case. not correct, the legal act, or is void or invalid, "says the Chilean attorney.
Second round: the marks
In the year 2015, Tesla Inc., generated two new trademark applications in the country, both for four clbades: 09 (equipment and batteries), the 36 (for the rental of electric batteries), the 37 (installation and maintenance of batteries and d & # 39; 39, electrical equipment), and 42 (engineering services specialized in electric batteries.) This was done through BPP, by order of the American company that represents Tesla Inc., Arend Fox: "We are are both opposed to the deadline, "says Somarriva, who explains that in any of them,
On this occasion, a three Chilean third actor, called Tesla Energy, located in the region of Biobo, registered clbad 42. Inapi states that "the institute has notified the applicant that the mark applied for exists in the grounds of non-registrability (… ). "
However, the lawyer explains that" on the other application -mixta, that is, the name of ms logo-, until today. In the court he did not speak. "
For the representative of the company Valparaso, Jos Gonzlez, the situation has become critical." It is a legal seat (…) For small businesses it is not easy to do these tests, they involve a lot of expenses. "
The Third Round: Photovoltaic Episode
At the end of last year, Tesla Inc., again via BPP, filed a registration application of brands related to the sector of renewable energies and, more particularly, to photovoltaic panels.The international firm began to work with this type of product in 2016, with creations such as Solar Roofs.
As in the previous cases, Tesla Ltda is opposed to these claims and is awaiting the third lawsuit against the giant electric cars. "Tesla Inc. has only registered its trademark in Chile to distinguish cars, it has no mark to distinguish products related to the 3 9 "electricity," so "she can not register the mark TESLA for the photovoltaic industry products without a failure of agencies Jos Gonzlez
Is there a solution to the conflict? To date, there has been no negotiation outside the judicial area between the parties. Carey's lawyer and Tesla Ltda partners explain that they will not stop opposing the listing of future brands by the American company. However, "we are ready to negotiate, but the only option we have left is to sell the brand," says Jos Gonzlez. Matas Somarriva confirms this option, if the signature of Elon Musk insists to enter the country.
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