The Court further noted
that the average consumption, without efforts to end the ’million’ is a
word in their own qualities or characteristics of the Franck
Muller watches models mentioned in this regard. Therefore, in the manner
described in the ’mega’.The Court has given this review and decision. First, the court defined
the ”Mega” and “Omega” are not directly comparable with each
other comparability.Berne Commercial Court to decide whether to
use the ’mega’ watches, the watch manufacturer Omega logo are trademarks
owned, there is a likelihood of confusion.
Final court judgment can
be sure that only the likelihood of confusion, laid
a ’mega’ in syllables, but the word does not show sex, it is in the
public domain.
The watch manufacturer company has the brand’s trademark, including the word mark OMEGA.The court held that the Franck Terms ”or the” Franck
Muller Geneva and the word “Mega” is the same size, were put in the
same vertical axis positioned close to each other. According to the
Court, all the words to the impression of unity.
Conceptual differences, referring to the
fact that: the word ”Omega” usually does not affect consumers, because
they are not familiar with the Greek alphabet.
Franck
Muller watches and Jewellery Show in March 2009, another Swiss
watch manufacturer, collected from its Aeternitas name bearing
‘million’, made a number
of new models.Frank Muller or Franck, Geneva, watch the
bottom of the hole is then law written in the side written
in black letters the same size in the center of the dial written
in red letters ’million’.
In contrast, the “Omega” must be a ’million’ and
‘Franck’, or ’mega’ and ‘combination of Franck in Geneva. The court even
denied the possibility of confusion between the ”Omega” and
“Mega”, because a significant difference on the senses, figurations and
concepts between the two words.
Therefore, the court analyzed the actual use of the symbol ’mega’ Franck
Muller watches.
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