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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> OMEGA (Trade Mark: Opposition) [2004] UKIntelP o30504 (7 October 2004) URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o30504.html Cite as: [2004] UKIntelP o30504 |
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For the whole decision click here: o30504
Result
Section 5(2)(b): - Opposition successful.
Section 5(4)(a): - No formal finding.
Points Of Interest
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/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).
