Trademark dispute: Pedro Pascal vs "Pedro Piscal"

Trademark law in Chile is once again at the centre of the debate with a case that unites national tradition, international celebrity and legal controversy. The trademark "Pedro Piscal" was accepted and registered by INAPI in August 2023 for classes 33 (alcoholic beverages) and 35 (commercial services). Months later, in June 2024, Chilean actor Pedro Pascal registered his name as a trademark in classes 3 (cosmetics), 25 (clothing), 28 (toys) and 41 (entertainment services). Today, the performer has filed a nullity action against "Pedro Piscal", arguing that the graphic and phonetic similarity creates confusion and unfair advantage of his reputation.

In March 2024, Pedro Pascal's lawyers filed a nullity action against the already granted registration of the trademark "Pedro Piscal", claiming that the sign is confusingly similar to the performer's name. Chilean law allows this type of action to be brought within 5 years from the date of registration, which makes the procedure a key tool for correcting situations that, although not challenged at the initial stage, may be contrary to good commercial faith or generate confusion in the market.

The conflict: graphic and phonetic similarity

The core of the dispute lies in the similarity between the signs "Pedro Pascal" and "Pedro Piscal", both phonetically and graphically. The plaintiff's defence argues that the trade mark seeks to take advantage of the notoriety of his name and that it generates an obvious likelihood of confusion in consumers, especially considering the wide media and cultural dissemination of the performer.

On the other hand, the defendant argues that the registration was applied for in good faith, alleging that the word "Pedro" refers to the Pedro Jiménez grape variety, used in the production of the distillate, while "Piscal" derives from the designation of origin pisco. According to the entrepreneur, this is a legitimate language game and not an attempt to link him to the actor.

Background: the case of the domains

This is not the first time that the two parties have clashed. Months ago, NIC Chile ruled in favour of Pedro Pascal in a domain revocation procedure related to the name "Pedro Piscal". On that occasion, the agency determined that the actor's reputation had been taken unfair advantage of and that the registrations affected the principles of business ethics. Although this is a different case, referring to domain names and not to trademarks, it is a relevant precedent in the history of this conflict.

The ongoing legal proceedings

The case is currently in first instance before INAPI, which will act as the court in this nullity action. The decision, whatever it may be, may be appealed before the Industrial Property Court and even reach the Supreme Court, which could turn this case into a relevant precedent within the Chilean trademark system.

The fundamental difference with an opposition procedure is that in this case, it is not the grant of the pending trademark that is being disputed, but the validity of a registration already granted. Therefore, the legal analysis must consider not only the similarity between the signs, but also the good faith of the applicant and the principles of ethics and fair competition that govern the system.

Reflections: the trademark, between identity and business

The case Pedro Pascal vs. Pedro Piscal reflects the tension between two dimensions of intellectual property:

1. The trademark as a commercial asset, representing reputation, identity and quality in the market.

The trademark as an instrument of personal protection, which protects public figures against attempts to exploit their name or fame.

In a globalised and highly mediatised world, trademark disputes transcend the legal sphere and can have repercussions on consumer confidence, the commercial strategy of entrepreneurs and the international projection of companies.

The ongoing dispute invites reflection on responsibility in the creation of new brands and the need for specialised legal advice from the outset of any business project. Identifying risks, assessing similarities and anticipating possible conflicts not only avoids costly litigation, but also ensures that the brand fulfils its main function: to differentiate products and services in a legitimate and sustainable manner over time.

Conclusion

The outcome of this case could constitute a relevant precedent in Chilean jurisprudence on well-known trademarks and the protection of the right to the name of public figures. Regardless of who wins, the conflict highlights a fundamental truth: trademarks are not mere labels, but the heart of commercial and cultural strategies in an increasingly competitive and connected market.