Trademarks: The mark of a dominant industry maker
A recent ruling by the European Court of Justice (ECJ) has provided much-needed guidance for owners of famous trademarks seeking to challenge third-party use and registration of similar marks operating in different markets. The well-known US computer chip manufacturer Intel Corporation was attempting to cancel a trademark registration by UK marketing and telemarketing business CPM UK for the mark 'Intelmark', dating back to 1997.In a ruling on 27 November 2008, the ECJ responded to questions raised by the UK Court of Appeal, concluding that while a link could be made in the mind of the consumer between the two trademarks, Intel could not prove that it had suffered any detriment as a result of the use of the rival trademark and therefore its registration could not be cancelled.
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