[Case] Omega Fails in Trademark Battle with OMEIKA

The world's famous watch-maker Omega recently argues with the OMEIKA trademark which was applied for registration in grinder (hand tools). Dissatisfied with the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce's ruling, Omega Company filed an administrative lawsuit to Beijing No.1 Intermediate People's Court. The court affirmed the TRAB's original adjudication, which maintained the registration of omeika trademark.

The trademark in question is NO.6144042 欧美卡OMEIKA trademark, which was filed by Guangdong Jinda Hardware Company in July, 2007. The trademark was certified to be used on Class 8 grinder goods. Within the legal time limit, Omega Company filed a dispute application, asking for revoked the trademark, but it was failed.
It is said that the OMEGA, 欧米茄 and 奥米加 were applied and registered by Omega Company in watch and jewelry forging tools, including NO.723799 OMEGA and its figure, No.636659 OMEGA SAPPHETTE, NO.172606 奥米加 and No.1162186 欧米茄 trademark.

Omega Company held that, the trademark in question and cited trademark are similar trademarks on same or similar goods. The OMEIKA trademark is similar with OMEGA in symbols, sound and implication.

The court held that there were large differences between OMEIKA and OMEGA in function, distribution channels and consumption target. Similarity was not constituted. Besides, compared the OMEGA and 欧米茄 trademark with 欧美卡 OMEIKA, the difference exists in symbol, the number of letters, sound and visual effects. So the court made the decision above.