OMEGA SA (OMEGA AG) (OMEGA LTD.) V BINGCHENG PAN [2014] ATMO 58 (17 JUNE 2014)

In this matter the application of Bingcheng Pan to register the following trade mark in respect of class 18 handbag related leather goods.

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The opposition was filed by Omega SA, and at the hearing there was no appearnce by the trade mark Applicant.

The decision of the Delegate was based upon section 60 of the Act that the trade mark applied for is similar to the trade mark that has acquired a reputation in Australia, namely the Opponent’s own trade mark below.

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Of the evidence of reputation that was led by the Opponent, the Delegate said, “Based on the evidence it is fair to say that the Opponent is one of the best known manufacturers of quality Swiss made wrist watches and there is no question that the Opponent’s trade mark had a very strong reputation in the Australian market in respect of those goods at the Priority Date”.

Further, as to whether there was a sufficient nexus between the goods, the subject of the application (handbags), and those over which the Opponent had established a reputation (watches), the Delegate found that there was a significant nexus, such that persons would be caused to wonder whether there is some form of connection with the goods offered by the Opponent.

To view the Office decision, click here.