CPM, which has 4,000 staff across 10 countries, registered the
mark in 1997 for "Marketing and telemarketing services." In 2003,
California's chip giant applied for a declaration of invalidity
against the mark. Its claim was rejected and Intel appealed.
Intel said the disputed mark "would take unfair advantage of or
be detrimental to the distinctive character or the repute" of its
own rights. It pointed out that its INTEL marks are "some of the
most highly recognised marks in the world" and enjoy "a very
considerable reputation in the UK".
CPM argued that its use of INTELMARK was not in any way damaging
"to the distinctiveness or repute of the INTEL brand".
Justice Patten agreed with CPM. He acknowledged Intel's brand
strength – referring to a branding chart from 1993 which placed
Intel third among the world's most successful brand names, behind
Coca-Cola and Marlboro. (In fact, a more recent chart, from
branding experts Superbrands, placed Intel only 126th in the UK
last year.)
Justice Patten concluded: "the reputation enjoyed by the INTEL
mark would be sufficient for the average consumer to focus on INTEL
in INTELMARK" but "the addition of MARK in a single word does
create a degree of dissimilarity".
Intel's appeal was dismissed.
