Omega SA v Jean-Claude Gillet

Omega SA, the opponent, sought to oppose the registration of an international trademark application (No. 938182) by Jean-Claude Gillet, the holder. The dispute concerned the extent to which the grounds of opposition pursued by Omega SA had been established. The decision was made by the Registrar.

The primary legal issue before the Registrar was to determine whether any of the grounds of opposition advanced by Omega SA had been established, and consequently, whether to refuse protection for the trademark application, extend protection, or allow it to proceed. The Registrar was required to apply Regulation 17A.34 of the relevant regulations, which outlines the Registrar's obligations in deciding opposition proceedings.

The Registrar reasoned that Omega SA had failed to establish any of the grounds of opposition it had pursued. Accordingly, the Registrar decided that the trademark application could proceed to protection. The Registrar also ordered that Omega SA pay Jean-Claude Gillet's costs, to be taxed according to the official scale. The decision stipulated that protection would not proceed if an appeal was lodged within one month, pending the outcome of any such appeal.