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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> INTELLACT (Trade Mark: Invalidity) [2003] UKIntelP o17903 (26 June 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o17903.html
Cite as: [2003] UKIntelP o17903
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INTELLACT (Trade Mark: Invalidity) [2003] UKIntelP o17903 (26 June 2003)
For the whole decision click here: o17903
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.