Chile’s National Institute of Industrial Property (INAPI) has ruled in favor of Canadian artist Abel Makkonen Tesfaye, widely known as The Weeknd, allowing the registration of his wordmark “THE WEEKND” in classes 9, 25, and 41, despite opposition filed by Chilean company Tricot S.A.
The Opposition and Claims
Tricot S.A. argued that the registration could cause confusion or deception due to similarities with its previously registered trademarks — primarily “WKN WEEKEND” — which are used to identify clothing, footwear, and headwear. The company claimed that “THE WEEKND” was graphically and phonetically similar, and that the overlap in Class 25 (clothing) increased the likelihood of confusion.
TMO’s analysis
The Office dismissed the opposition, stating that:
- While the trademarks share similar visual elements (“WEEKEND”), they are distinguishable as a whole, especially due to the presence of “THE” and the unique phonetics of the artist’s name.
- There is no significant overlap in the signs, distribution channels, or target consumers.
- “THE WEEKND” clearly refers to a globally known stage name, supported by a signed letter of consent from Abel Tesfaye himself.
- From a substantive legal standpoint, there was no evidence that the mark
- was unregistrable due to confusion or lack of consent.
Conclusion
The TMO ultimately rejected Tricot S.A.’s opposition and allowed the registration of “THE WEEKND,” thereby strengthening the artist’s brand presence in the Chilean market under his globally recognized identity. This decision reinforces TMO’s approach of assessing trademarks as a whole and giving due weight to legitimate commercial use of well-known personal brands.
