Trade mark decision

BL Number
Decision date
7 October 2004
Hearing Officer
Mr G Salthouse
Omega SA
Omega Engineering Inc
Sections 5(2)(b) & 5(4)(a)* (*Sections 5(1) & 5(2)(a) were cited in the statement of grounds but were withdrawn at the hearing)


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


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 PDF document45Kb