Omega SA v Mark & Brenda Robinson

The applicants, Mark and Brenda Robinson, sought to register the trade mark OMEGACHEF. Omega SA opposed this application. The matter came before Nicole Worth, a Hearing Officer at the Trade Marks Hearings.

The primary legal issue was whether the applicants' proposed trade mark OMEGACHEF was deceptively similar to Omega SA's prior registered trade marks in relation to similar goods, thereby establishing a ground for opposition under section 44 of the relevant Act. The court also considered the question of costs, particularly in light of previous proceedings between the parties.

The Hearing Officer found that the applicants' trade mark OMEGACHEF was indeed deceptively similar to the opponent's prior registered marks in the context of similar goods. Consequently, the ground of opposition under section 44 was established. As there was no evidence of use that would support an application of subsections 44(3) or 44(4), the Hearing Officer determined that the application for registration must be refused under section 55(1) of the Act. Regarding costs, despite some similarities to a previous case where costs were denied, the Hearing Officer awarded costs against the applicants according to the official scale, noting that the opponent had not been granted extensions of time beyond the published benchmark in this instance.