Trade mark decision

BL Number

O/393/03

Decision date

17 December 2003

Hearing officer

Professor Ruth Annand

Mark

OMEGA

Classes

14

Applicant

Omega Engineering Inc

Opponent

Omega SA (Omega AG) (Omega Ltd)

Revocation

Section 46(1)(b)

Result

Section 46(1)(b): - Appeal partially allowed. Wider specification retained by registered proprietors.

Points Of Interest

• 1. See also BL O/028/03.

Summary

In his decision dated 30 January 2003 (BL O/028/03) the Hearing Officer allowed partial revocation with the specification being restricted to, essentially, wrist watches. The registered proprietors appealed and sought permission to file additional evidence.

The Appointed Person considered the request to file additional evidence and only allowed evidence relating to the meaning of the French word "joaillerie". The Hearing Officer had decided that it meant "jewelers shop" whereas the registered proprietors argued that it meant "jewellery".

The Appointed Person considered the totality of the evidence before her and decided that the specification should be slightly wider than that allowed by the Hearing Officer and should read "watches and jewel-watches and parts and fittings therefore, all being made of precious metals or imitations of precious metals".

Original costs to applicants confirmed and an additional award in relation to these proceedings.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o39303.html