Trade mark decision

BL Number

O/307/04

Decision date

7 October 2004

Hearing officer

Mr G Salthouse

Mark

DEVICE ONLY

Classes

14

Registered Proprietor

Omega SA

Applicants for a declaration of invalidity

Omega Engineering Inc

Application for invalidation

Section 47(2) (citing Sections 5(2)(b) & 5(4)(a))

Result

Application for invalidation citing Section 5(2)(b): - Successful.

Application for invalidation citing Section 5(4)(a): - Failed.

Points Of Interest

• 1. Comparison of the marks OMEGA stylised v Greek letter omega.

Summary

This was one of three closely related actions involving the same parties and heard at the same time; the others, oppositions, are set out in BL O/305/04 and BL O/306/04. This, however, was an invalidity action brought by the opponent in the other cases.

As in those cases, qv, the same CTM application was selected as representing the applicant’s best case.

The Hearing Officer’s consideration and findings under Section 5(2)(b) closely followed those set out in the other decisions and the invalidation action succeeded accordingly, to the same extent and on the same (provisional) terms.

In this case, however, the Hearing Officer went on to find that the applicant’s case under Section 5(4)(a) was insufficient for the purpose and the applications on that ground failed accordingly.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o30704.html