Judgment of the General Court (Ninth Chamber) of 11 September 2014 — Galileo International Technology v OHIM — ESA and Commission (GALILEO)

(Case T‑450/11)

‛Community trade mark — Opposition proceedings — Application for the Community figurative mark GALILEO — Earlier Community word marks GALILEO — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No similarity between the goods and services at issue’

1. Community trade mark — Procedural provisions — Statement of reasons for decisions (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75) (see para. 31)

2. Community trade mark — Appeals procedure — Action before the EU judicature — Decision of an OHIM body forming part of the context of the decision of the Board of Appeal (see para. 35)

3. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 38, 39, 41)

4. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 45)

5. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Figurative mark GALILEO and word marks GALILEO (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 55, 65, 66, 70, 72, 85)

6. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity between the goods or services in question — Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 56, 57, 64)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 14 April 2011 (Case R 1423/2005-1), relating to opposition proceedings between Galileo International Technology LLC and the European Union.

Operative part

The Court:

1. Dismisses the action;

2. Orders Galileo International Technology LLC to bear its own costs and to pay those incurred by OHIM;

3. Orders the European Commission and the European Space Agency to bear their own respective costs.

Judgment of the General Court (Ninth Chamber) of 11 September 2014 — Galileo International Technology v OHIM — ESA and Commission (GALILEO)

(Case T‑450/11)

‛Community trade mark — Opposition proceedings — Application for the Community figurative mark GALILEO — Earlier Community word marks GALILEO — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No similarity between the goods and services at issue’

1. Community trade mark — Procedural provisions — Statement of reasons for decisions (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75) (see para. 31)

2. Community trade mark — Appeals procedure — Action before the EU judicature — Decision of an OHIM body forming part of the context of the decision of the Board of Appeal (see para. 35)

3. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 38, 39, 41)

4. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 45)

5. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Figurative mark GALILEO and word marks GALILEO (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 55, 65, 66, 70, 72, 85)

6. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity between the goods or services in question — Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 56, 57, 64)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 14 April 2011 (Case R 1423/2005-1), relating to opposition proceedings between Galileo International Technology LLC and the European Union.

Operative part

The Court:

1. Dismisses the action;

2. Orders Galileo International Technology LLC to bear its own costs and to pay those incurred by OHIM;