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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> GALILEO (Trade Mark: Invalidity) [2004] UKIntelP o32204 (22 October 2004) URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o32204.html Cite as: [2004] UKIntelP o32204 |
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For the whole decision click here: o32204
Result
Application for invalidation Section 47(2) (citing Section 5(2)(b)) successful.
Points Of Interest
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.
