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Reports of Patent, Design and Trade Mark Cases Advance Access originally published online on May 29, 2009
Reports of Patent, Design and Trade Mark Cases 2009 126(7):472-501; doi:10.1093/rpc/rcp024
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© Crown Copyright

[2009] R.P.C. 15

Intel Corporation Inc v CPM United Kingdom Ltd

Court of Justice of the European Communities (First Chamber) Case C-252/07

(P. Jann, President of the Chamber, M. Ilesic (Rapporteur), A. Tizzano, A. Borg Barthet and E. Levits, Judges): 27 November 2008: Opinion of Advocate General (E. Sharpston): 26 June 20081

[2009] R.P.C. 15

Trade mark—"Intelmark" for marketing and telemarketing services—Application for declaration of invalidity—Earlier registered mark "Intel" for computers and computer-related products—Whether mark took unfair advantage of or was detrimental to distinctive character and repute of earlier mark—Application dismissed by registrar—Appeal to High Court dismissed—Appeal to Court of Appeal—Reference of questions to European Court of Justice –Nature of link between sign and mark in mind of consumer—Free-riding—Blurring—Tarnishment—Whether "calling to mind" tantamount to existence of link—Whether existence of link tantamount to detriment or unfair advantage—Need for global assessment.


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