CELEX: 62008TJ0488
Language: en
Date: 2011-10-06 00:00:00
Title: Judgment of the General Court (Eighth Chamber) of 6 October 2011. # Galileo International Technology, LLC v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark ‘GSS GALILEO SISTEMAS Y SERVICIOS’ - Earlier Community word marks ‘GALILEO’ - Earlier Community figurative mark ‘powered by Galileo’ - Earlier Community figurative marks ‘GALILEO INTERNATIONAL’ - Relative ground for refusal - Lack of likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-488/08.

Judgment of the General Court (Eighth Chamber) of 6 October 2011 – Galileo International Technology v OHIM – Galileo Sistemas
            y Servicios (GSS GALILEO SISTEMAS Y SERVICIOS)
      (Case T-488/08)
      Community trade mark – Opposition proceedings – Application for Community figurative mark ‘GSS GALILEO SISTEMAS Y SERVICIOS’ – Earlier Community word marks ‘GALILEO’ – Earlier Community figurative mark ‘powered by Galileo’ – Earlier Community figurative marks ‘GALILEO INTERNATIONAL’ – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
      1.                     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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 24-25, 49)
      2.                     Community trade mark – Appeals procedure – Appeal brought against a decision by a department of OHIM – Examination by the
            Board of Appeal – Scope – Appeal against a decision having allowed an opposition (Council Regulation No 40/94, Art. 62(1))
            (see paras 59-60)
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 403/2006-4), concerning
                  opposition proceedings between Galileo International Technology, LLC and Galileo Sistemas y Servicios, SL.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Galileo International Technology, LLC to pay the costs.