Intel Corpn Inc v CPM United Kingdom Ltd – WLR Daily

Posted December 1st, 2008 in EC law, law reports, trade marks by sally

Intel Corpn Inc v CPM United Kingdom Ltd (Case C-252/07); [2008] WLR (D) 371

A national court, considering an invalidity application brought by the proprietor of a registered trade mark with a reputation, had to take into account all the factors relevant to the circumstances of the case. Those factors included the fact that, for an average consumer who was reasonably well informed and observant a later trade mark called an earlier mark with a reputation to mind, was in principle tantamount to the establishment of such a link between the conflicting marks. But an absence of similarity between the product areas concerned could not be taken to imply the absence of such a link. Belief in an economic connection between the marks was not a necessary criterion.”

WLR Daily, 27th November 2008


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