Trade mark decision

BL Number
O/007/05
Decision date
11 January 2005
Hearing Officer
Mr D Landau
Mark
OMEGA
Classes
14
Registered Proprietor
Omega SA (Omega AG) (Omega Ltd)
Applicants for Revocation
Omega Engineering Inc.
Revocation
Section 46(1)

Result

Application for partial revocation, successful.

Points Of Interest

  • 1. Genuine use; internal use; promotional use.
  • 2. Jewellery; jewelled watches.

Summary

The registration specified "all goods in Class 14". The applicant for revocation claimed that the mark had not been used in relation to any goods in Class 14 other than wristwatches and parts and fittings therefore. In the course of the proceedings the registered proprietor had filed a partial surrender, restricting the specifications to "jewellery; horological and chronometric instruments; parts and fittings therefor".

The goods that remained in contention between the parties were clocks and jewellery. The Hearing Officer confined his examination of the matter to the evidence in relation to those items. He took first the evidence in relation to jewellery. In the result, after a detailed examination of the evidence the Hearing Officer concluded that the registration should be revoked in respect of all jewellery, wef 1/1/1986.

Turning to the evidence relating to clocks, the Hearing Officer eventually concluded that any such use of the mark had been 'internal'; the registered proprietor had used the mark to promote their watches, they had not been trying to establish or maintain a market for clocks. The specification was reduced accordingly.

Full decision O/007/05 PDF document62Kb