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.