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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> OMEGA (Trade Mark: Opposition) [2004] UKIntelP o30604 (7 October 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o30604.html
Cite as: [2004] UKIntelP o30604

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OMEGA (Trade Mark: Opposition) [2004] UKIntelP o30604 (7 October 2004)

For the whole decision click here: o30604

Trade mark decision

BL Number
O/306/04
Decision date
7 October 2004
Hearing officer
Mr G Salthouse
Mark
OMEGA
Classes
14
Applicant
Omega SA
Opponent
Omega Engineering Inc
Opposition
Sections 5(2)(b) & 5(4)(a)* (*Sections 5(1) & 5(2)(a) were cited in the statement of grounds but were withdrawn at the hearing)

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/305/04and BL O/307/04.

The opponent cited a number of pending applications but as in the case set out in BL O/305/04 qv., the mark selected as presenting the opponent’s strongest case was CTM application 2180834.

The Hearing Officer's consideration and findings closely followed those set in BL O/305/04; the opposition under section 5(2)(b) succeeded in respect of the goods complained of and the Section 5(4)(a) ground was not considered further.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o30604.html