21 Apr 1995
In re Omega (Trade Marks)
- Citation
- In re Omega (Trade Marks)
- Court
- Court of First Instance
- Case number
- HCMP43/1995
The court held that the suit mark for pens was for all practical purposes identical or strikingly similar to Omega's established mark and, given Omega's substantial reputation and the manner of its mark's use, the normal and fair use of the suit mark would be likely to deceive and confuse the public; further, such marketing would probably constitute passing-off and therefore be disentitled to protection under s.12(1); accordingly the Registrar's decision allowing registration was reversed and the opposition under s.12(1) sustained.