Omega heads to court in ‘upside down trademark’ row

Luxury watch maker Omega has headed to court in New Zealand to try to stop a company from having a trademark that it says is similar to its own—but upside down.

Omega has appealed to the Wellington High Court against a 2014 decision by the Intellectual Property Office of New Zealand (IPONZ) to grant a trademark to clothes company Guru Denim.

The trademark, which resembles an upside down version of the Omega Greek letter, was applied for by Guru Denim to cover classes including jewellery, bracelets and cufflinks.

But last year, Omega, which owns trademarks in New Zealand representing the Greek letter—similar to its logo—appealed against the registration.

Omega said the trademark should not be allowed to include classes, including jewellery and watches, which cite the same goods covered by its registered trademarks.

In its decision, issued in August 2014, the IPONZ said the two marks were unlikely to cause confusion.

But, according to New Zealand news website stuff.co.nz , Omega has now taken the dispute to the High Court to try to have the decision annulled.

Thomas Huthwaite, a solicitor at law firm BaldwinSon&Carey in Wellington who is representing Omega, told the news website that if an Omega watch were turned sideways or upside down, as can happen with jewellery, the trademark on it could be confused with Guru Denim's.