Trade mark decision

BL Number

O/305/04

Decision date

7 October 2004

Hearing Officer

Mr G Salthouse

Mark

OMEGA

Classes

14

Applicant

Omega SA

Opponent

Omega Engineering Inc

Opposition

Sections 5(2)(b) & 5(4)(a)* (*Sections 5(1) & 5(2)(a) were cited in the statement of grounds but were withdrawn at the hearing)

Result

Section 5(2)(b): - Opposition successful.

Section 5(4)(a): - No formal finding.

Points Of Interest

• 1. Comparison of the marks OMEGA stylised v OMEGA

Summary

This was one of three closely related actions, involving the same parties and heard at the same time; the others are set out in BL O/306/04 and BL O/307/04.

The opponent cited one pending UK application and two pending Community Trade Mark applications. It was agreed however that the opponent’s strongest case rested on CTM application 2180834 consisting of the word OMEGA in which the letter E appeared as the device signifying the ‘euro’ currency. The opposition was directed at some of the goods in the applicant’s Class 14 specifications. The Hearing Officer agreed that these items were identical or similar.

Comparing the marks, the Hearing Officer concluded that the visual, aural and conceptual similarities outweighed the differences. In the result he found a likelihood of confusion; the opposition succeeded in respect of the goods objected to, provisional upon the opponent’s CTM application eventually proceeding to registration.

The Hearing Officer did not go on to consider the matter under Section 5(4)(a).

Full decision O/305/04 45Kb