Trade mark decision

BL Number

O/017/05

Decision date

13 January 2005

Hearing officer

Mr D Landau

Mark

OMEGA CONSTELLATION

Classes

14

Registered Proprietor

Omega SA (Omega AG) (Omega Ltd)

Applicants for Revocation

Omega Engineering Inc

Application for Partial Revocation

Section 46(1)(a) & 46(1)(b)

Result

Application for partial revocation, successful.

Points Of Interest

• 1. Use of a mark as registered.
• 2. Genuine use; internal use; promotional use.

Summary

The registration specified all goods in Class 14. As in a closely related action (see BL O/007/05), the applicants for revocation alleged that the mark had not been used in relation to any Class 14 goods other than wristwatches. Also, as in BL O/007/05, the registered proprietor had filed a partial surrender, restricting the specification to:- "horological instruments; parts and fittings therefore".

Having reviewed the evidence the Hearing Officer concluded that the use of the mark in relation to clocks was not use of the mark as registered. Even if it was, the evidence did not establish genuine use of the mark in relation to clocks.

The specification was reduced accordingly.

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