Trade mark decision

BL Number
Decision date
23 June 2006
Hearing Officer
Mr M Foley
09, 39, 42
Registered Proprietor
Galileo International Technology, LLC
Applicant for Revocation
The European Community
Decision concerning the requirement for an address for service in the UK in Revocation Proceedings.


Requirement for an address for service in the UK, in inter partes proceedings, maintained.

Points Of Interest

  • Address for service requirement; reasonable, necessary and proportionate; not incompatible with EC Treaty. ‘Transmitting agency’ does not satisfy the requirement.


The European Community applied for revocation of these registrations on the grounds of non-use. However, as their address for service they nominated an address in Luxembourg instead of an address in the UK as required by Rule 10(1) of the Trade Marks Rules 2000. On being notified of the requirement the applicant claimed that such a requirement was incompatible the terms of Article 43, 49 and 54 of the EC Treaty.

Following a hearing, conducted by telephone, the Hearing Officer maintained the requirement for an address for service in the UK in all inter partes proceedings before the Registrar. Such a requirement was ‘reasonable, necessary and proportionate’. Notification of a ‘transmitting agency’ did not satisfy the requirement.

Full decision O/177/06 PDF document51Kb