Due to the application of registration for “AOMEGA”(澳米茄) by a company in cosmetic product, recently, OMEGA SA(hereinafter refers to as OMEGA), the international famous watch manufacturer, filed opposition against the registration of AOMEGA on the ground that AOMEGA is identical to its registered mark OMEGA(欧米茄).
The trademark office and the Trademark Review and Adjudication Board (TRAB) rejected the opposition and OMEGA SA intended to file an appeal against the ruling by TRAB. In both the decision by the trademark office and the ruling by TRAB, no similarity was found since that classes of goods covered by the alleged mark AOMEG are different from the mark OMEGA.
OMEGA argued that the watch and cosmetic are both within the category of luxury fashion products, and share similar customer base and distribution channel.
As of now, the court has not yet rendered a ruling.
