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.