Trade mark decision

BL Number
O/313/08
Decision date
26 November 2008
Hearing Officer
Mr D Landau
Mark
OMEGAMETER
Classes
09, 14, 37
Applicant
Omega Engineering Inc
Opponent
Omega SA (Omega AG) (Omega Ltd)
Opposition
Section 5(2)(b)

Result

Section 5(2)(b): Opposition successful

Points Of Interest

  • Estoppal: interpretation of agreements.

Summary

The applicants did not dispute that their class 14 specification would result in a likelihood of confusion but claimed that the opponents were estopped from opposition by reason of a pre-existing agreement between the parties. (The agreement had featured in a previous dispute between the parties - see Omega SA v Omega Engineering Ltd [2002] EWHA 2620 (Ch)).

Having examined the matter the Hearing Officer concluded that the opponents were not estopped by reason of the agreement and the opposition to the class 14 specification succeeded accordingly.

Full decision O/313/08 PDF document82Kb