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United Kingdom Intellectual Property Office Decisions
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GALILEO (Trade Mark: Revocation) [2006] UKIntelP o17706 (23 June 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o17706.html
Cite as:
[2006] UKIntelP o17706
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GALILEO (Trade Mark: Revocation) [2006] UKIntelP o17706 (23 June 2006)
For the whole decision click here: o17706
Trade mark decision
- BL Number
- O/177/06
- Decision date
- 23 June 2006
- Hearing officer
- Mr M Foley
- Mark
- GALILEO
- Classes
- 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.
Result
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.
Summary
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.