Trade mark decision

BL Number

O/331/08

Decision date

24 November 2008

Appointed Person

Mr Geoffrey Hobbs KC

Mark

ai ACTIVINTEL

Classes

09, 42

Applicant

Gary Milton Munroe

Opponent

Intel Corporation

Opposition

Application by the applicant to adduce fresh evidence on appeal to the Appointed Person.

Result

Request to adduce fresh evidence into the proceedings: Request refused.

Points Of Interest

• 1. See Hearing Officer’s decision dated 29 May 2008 (BL O/150/08).
• 2. Request to amend grounds of appeal. Request refused in Appointed Person’s Decision dated 24 November 2008 (BL O/330/08)

Summary

In his decision dated 29 May 2008 (BL O/150/08) the Hearing Officer found in favour of the opponent. The applicant appealed to the Appointed Person and requested to be allowed to file fresh evidence in support of his application.

The Appointed Person noted, as had the Hearing Officer, that in his Counterstatement the applicant had accepted the use of the opponent’s marks INTEL and INTEL and device and the reputation of such marks. He had also accepted that INTEL stands for Integrated Electronics and had nothing to do with “intel” (intelligence colloquially abbreviated). Also, the applicant filed no evidence in support of his application even though there was ample opportunity for him to do so.

The Appointed Person considered the evidence which the applicant now wished to file and considered that it represented a change in position which the applicant had adopted at the outset. Also the additional evidence could have been filed and placed before the Hearing Officer when he was considering the opposition in the Registry. The Appointed Person went on to refuse the applicant’s request to be allowed to adduce fresh evidence into the proceedings.

Full decision O/331/08 33Kb