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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> OMEGAMETER (Trade Mark: Opposition) [2008] UKIntelP o31308 (26 November 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o31308.html
Cite as: [2008] UKIntelP o31308
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OMEGAMETER (Trade Mark: Opposition) [2008] UKIntelP o31308 (26 November 2008)
For the whole decision click here: o31308
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.