AND GALAXIA MAKES TWO ...

While the IPKat was bringing you yesterday's Court of First Instance decision in Picaro/Picasso, the CFI was craftily slipping through another decision: Case T-66/03 Koffiebranderij en Theehandel 'Drie Mollen sinds 1818' BV v OHIM. The applicant sought to register a figurative mark containing the word GALAXIA for coffee; the opponent resisted, since it held the earlier GALA word mark in Greece, the Benelux and elsewhere, also for coffee. The CFI agreed with the Opposition Division and the OHIM Board of Appeal that the two marks were dissimilar. And so indeed they were: you can compare them here.