Trade mark decision

BL Number
O/322/04
Decision date
22 October 2004
Hearing officer
Mr D Landau
Mark
GALILEO
Classes
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))

Result

Application for invalidation Section 47(2) (citing Section 5(2)(b)) successful.

Points Of Interest

  • 1. Comparison of the services in Classes 35 & 42.

Summary

The clash between the same marks had been considered in opposition proceedings and subsequent appeal proceedings involving the same parties (see BL O/045/04 and BL O/269/04.

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 PDF document66Kb