Trade mark decision
- BL Number
- Decision date
- 22 October 2004
- Hearing officer
- Mr D Landau
- 33, 42
- Registered Proprietor
- Galileo Brand Architecture Ltd
- Applicants for a declaration of invalidity
- Galileo International Technology LLC
- Application for Invalidation
- 47(2) (citing Section 5(2)(b))
Application for invalidation Section 47(2) (citing Section 5(2)(b)) successful.
Points Of Interest
- 1. Comparison of the services in Classes 35 & 42.
The Hearing Officer considered each of the applicant’s marks in turn and compared them with the registered proprietor’s mark GALILEO. He found identicality in two cases and a high degree of similarity in the case of the other two.
Some of the services specified were identical with and others similar to services specified in the applicant’s registrations. There was a likelihood of confusion in respect of the services identified by the Hearing Officer and hence the application for invalidity succeeded in respect of those services. (The Hearing Officer adopted his earlier findings (see BL O/045/04 and, on appeal, BL O/269/04) where appropriate.
Full decision O/322/04 66Kb