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As the AOMEGA 澳米茄 trademark was registered by other company in cosmetic product, the international famous watchmaker OMEGA challenged on the ground of its similarity with OMEGA trademark. After its request was rejected by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) in reexamination period, OMEGA then went on appeal.
The trademark in question AOMEGA 澳米茄 was field by a Shenzhen-based company in November 2002. The Trademark Office and TRAB rejected the OMEGA’s request because they found the OMEGA trademark was registered in watch while OMEGA 澳米茄 was registered in cosmetic products.
The Shenzhen company held that the watch and cosmetic are luxury fashionable product, and share similar customer base and distribution channel. OEMGA held that the distinctiveness and brand awareness of OMEGA and欧米茄 cannot be ignored in reexamination case, and TRAB missed the above substantial factors in trail.
The case will be heard soon. We will follow the development of the case.