Trade mark decision
- BL Number
- Decision date
- 19 February 2004
- Hearing officer
- Mr D Landau
- 35, 42
- Galileo Brand Architecture Limited
- Galileo International Technology LLC
- Sections 5(1) & 5(2)(a)
Section 5(1) - Opposition for the most part successful
Points Of Interest
- 1. Comparison of the services in Classes 35 & 42.
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