Trade mark decision

BL Number

O/306/04

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Sections 5(2)(b) & 5(4)(a)* (*Sections 5(1) & 5(2)(a) were cited in the statement of grounds but were withdrawn at the hearing)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 & device of Greek letter 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/305/04and BL O/307/04.

The opponent cited a number of pending applications but as in the case set out in BL O/305/04 qv., the mark selected as presenting the opponent’s strongest case was CTM application 2180834.

The Hearing Officer's consideration and findings closely followed those set in BL O/305/04; the opposition under section 5(2)(b) succeeded in respect of the goods complained of and the Section 5(4)(a) ground was not considered further.

Full decision O/306/04 61Kb