Trade mark decision

BL Number

O/045/04

Decision date

19 February 2004

Hearing Officer

Mr D Landau

Mark

GALILEO

Classes

35, 42

Applicant

Galileo Brand Architecture Limited

Opponent

Galileo International Technology LLC

Opposition

Sections 5(1) & 5(2)(a)

Result

Section 5(1) - Opposition for the most part successful

Points Of Interest

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

Summary

The opposition was based on a number of registrations and applications for registration of various marks consisting of or incorporating the word ‘GALILEO’. Of these the Hearing Officer selected two, a UK registration and a Community Trade Mark registration, which between them effectively covered all the goods/services at issue. These registrations were in respect of the identical mark GALILEO. Hence the matter came down to a comparison of the goods/services.

This comparison necessarily required a lengthy and detailed analysis which resulted in the following findings:-

the "graphic design services; packaging design services" in the application were neither identical with nor similar to any of the opponents’ goods/services;

"consumer research services" and "retail trade research services" were identical with "information compilation, storage and retrieval services in the travel field for others"

"services with respect to advising companies on brand positioning, brand development strategy, and brand portfolio development strategy" were identical with "business management services ….. in the travel field for others"

"services in the design and development of product branding" were neither identical with nor similar to any of the opponents’ goods/services, and

"services in the design and development of products" were identical with the services specified in the opponents’ UK registration (No 1419651).

The opposition under Section 5(1) therefore succeeded in respect of some of the services specified in the application.

Full decision O/045/04 77Kb