Intel opposition rejected in INTELFIN dispute

The Trademark Office has ruled that Peruvian company Inteligencia Financiera SAC may register the service mark INTELFIN, even though Intel Corporation's trademark INTEL is well known and is therefore entitled to protection as a matter of law (Case 111603).

In making this decision, the office examined the requirements for determining whether a mark is well known, as set out in Andean Community Decision 486 on a Common Intellectual Property Regime. Article 228 provides that due account shall be given to the following:

• the extent to which the distinctive sign is known in the relevant sector;
  
  
• the age of the distinctive sign;
  
  
• the size of the geographical area where the distinctive sign is promoted; and
  
  
• the existence of a registration, or application for registration, of the distinctive sign in another Andean Community member state (or any other country).

Intel supplied proof that its INTEL mark had appeared in advertisements in Peru, as well as in Argentina, Bolivia, Chile and Mexico, and that articles about INTEL marked products had appeared in such internationally-distributed magazines as Fortune, Time and PC World.

The Trademark Office had no difficulty in determining that INTEL, used to mark computer-related products, is well known and is therefore entitled to protection. However, the Trademark Office also considered that Inteligencia's INTELFIN mark, which is to be used in relation to advertising, business management and other related services, is not likely to cause the public to confuse it with Intel's mark. Therefore, the Trademark Office rejected Intel's opposition to the registration of the service mark, thereby permitting Inteligencia's registration.

Gonzalo Ferrero, Ferrero Diez Canseco & Asociados, Lima