Chilean Supreme Court rejects “El Gallo Chicken Bar” trademark

The Supreme Court of Chile has rejected the registration of the mixed trademark “El Gallo Chicken Bar” following an appeal by Chicken International Restaurant Group SpA.

In a unanimous ruling, the court determined that the requested label could induce error, confusion, or deception among consumers. The court found that the visual elements of the new mark—specifically a bird with a crest and tail drawn with a single continuous line—substantially reproduce the dominant figurative elements of existing registered trademarks.

The ruling noted that changes in color or the addition of the text “EL GALLO CHICKEN BAR” were insufficient to create a distinct identity, as the expressions refer to the same animal and industry as the original marks. The court concluded that the coexistence of these signs in the market would mislead consumers regarding the origin or quality of the services.