Trade mark decision

BL Number

O/179/03

Decision date

26 June 2003

Hearing officer

Mr D Landau

Mark

INTELLACT

Classes

09, 35, 36, 38, 39, 41, 42

Applicant

British Telecommunications Public Limited Company

Opponent

Intel Corporation

Opposition

Section 5(2)(b)* (*grounds under Section 5(3) & 5(4)(a) were also cited but not pursued)

Result

Section 5(2)(b) - Opposition successful.

Points Of Interest

• 1. Comparison of the marks INTEL v INTELLACT

Summary

The opposition was based on a number of INTEL marks. It was agreed between the parties that the matter effectively depended on whether INTEL and INTELLACT were similar; a detailed comparison of the goods/services was not necessary, they said. It was also conceded by the applicants that the opponents enjoyed a reputation in their mark; it was a "well known household name".

The Hearing Officer therefore proceeded to a comparison of the marks in the light of the relevant authorities and the submissions made relative to them. From this he decided that the marks were similar and the application had therefore to be refused in its entirety and he made an award of costs having considered the concessions made. The Hearing Officer also recorded his thanks to counsel for their "sensible and Woolfian" approach at the hearing.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o17903.html