Africa: Intel and Intelvision are not confusingly similar
Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX
Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Africa: Intel and Intelvision are not confusingly similar

On September 18 2018, the Seychelles registrar general handed down an important trade mark decision. The case involved an application by a Seychelles company called Intelvision Limited to register the trade mark Intelvision (stylised) in Class 38, and an opposition to that application by the US company Intel Corporation.

Intel Corporation alleged a likelihood of confusion with earlier Seychelles trade mark registrations for Intel in Classes 9, 16, 38, 41 and 42, a likelihood of confusion with a well-known international mark, and dilution. It submitted considerable evidence: evidence that it is the largest manufacturer of semi-conductors in the world, and the manufacturer of the processor that appears in most PCs, evidence that it is listed in international surveys of top brands and evidence of trade mark registrations in some 180 countries.

The registrar general made some early pronouncements: Intelvision operates in a small and specialist market, being one of only three licensed internet service providers in the Seychelles; computer processors and internet services are not that closely related and the two companies cannot be regarded as competitors; and there was no evidence of actual confusion between the two trade marks, notwithstanding coexistence in the Seychelles since 2004.

On the issue of confusing similarity the registrar general quoted this passage from the Canadian case of Ultravite Laboratories Ltd v Whitehalls Laboratories Ltd: "Trade marks may be different from one another and, therefore, not confusing with another when looked at in their totality, even if there are similarities in some of the elements when viewed separately. It is the combination of the elements that constitutes the trade mark and it is the effect of the trade mark as a whole, rather than any particular part in it, that must be considered."

Applying this, the registrar general went on to dismiss the opposition, saying that "although there may appear to be some resemblance, the trademarks in issue, when taken as a whole, are by virtue of their non-common features, dissimilar in sound and appearance, ultimately distinguishable to the average consumer."

This judgment is likely to attract some criticism.

Wayne Meiring


Spoor & Fisher JerseyAfrica House, Castle StreetSt Helier, Jersey JE4 9TWChannel IslandsTel: +44 1534 838000

Fax: +44 1534 838001info@spoor.co.uk

www.spoor.com

more from across site and ros bottom lb

More from across our site

Four sources reveal which tools they have been using – or building – to help them with a range of tasks from invention generation to claim sufficiency
Managing IP reveals Wednesday's highlights, including a discussion on how AI is helping lawyers improve their "gut instinct" trademark decisions
Managing IP reveals Tuesday’s highlights, including an illuminating discussion celebrating women in the workplace and the challenges that remain
Dana Northcott, INTA’s 2024 president and associate general counsel for Amazon's IP team, talks about her work for the association
Managing IP reveals highlights from the INTA Annual Meeting, including law firms’ diversity and ESG concerns and a new beginning for a Chinese firm
Firms with a broad geographic reach are more likely to win work, especially from global companies with high turnovers, according to survey data of nearly 29,000 corporate counsel
IP STARS, Managing IP’s accreditation title, reveals its latest rankings for trademark work today, including which firms are on the up
Highlights from Sunday included judicial insight from across the globe and a keynote address from Martin Luther King Jr’s daughter
Managing IP’s senior reporter Rani Mehta interviewed attendees at the INTA Annual Meeting in Atlanta about how they made the most out of their first day
A team of lawyers who joined Norton Rose Fulbright from Polsinelli say they were drawn to the firm's global platform
Gift this article