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United Kingdom Intellectual Property Office Decisions
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OMEGA (Trade Mark: Opposition) [2004] UKIntelP o30604 (7 October 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o30604.html
Cite as:
[2004] UKIntelP o30604
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OMEGA (Trade Mark: Opposition) [2004] UKIntelP o30604 (7 October 2004)
For the whole decision click here: o30604
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- Sections 5(2)(b) & 5(4)(a)* (*Sections 5(1) & 5(2)(a) were cited in the statement of grounds but were withdrawn at the hearing)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.