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Seagull Watch won the trademark fight against Omega

Post Time:2012-03-15 Source:IPR in China Author: Views:
The intellectual property board of the organizing committee of the World Watch and Jewelry Show in Basel, Switzerland, ruled over the complaint filed by Swiss watchmaker Omega against Tianjin Seagull Watch Group over trademark infringement on March 10, finding Seagull constituted no infringement over the registered trademark of Omega.

On the Show, Seagull displayed a co-axial women watch featuring indigenous intellectual property and minimum diameter, which caused concern of insiders.

On the afternoon of March 9, Omega filed a complaint to the IP board of the Show, claiming that Seagull used the word "CO-AXIAL" in its promotional materials and allegedly infringed the trademark of Omega. When lawyers of the IP board and heads of Omega came to the stand of Seagull at the end of the show that day, lawyers of Seagull handed over Seagull’ s signboard after communication with the IP board and got related evidences and materials ready for proceeding.

Omega claimed it registered two trademarks, "ΩOMEGA CO-AXIAL" and "CO-AXIAL 3", and Seagull infringed its trademark by using the word "CO-AXIAL".
By citing the English translation of "同轴的" from the encyclopedia and English-Chinese Dictionary as co-axial, Seagull defended that co-axial was used as an adjective to describe the watch, rather than a trademark.

On the morning of March 10, the IP board announced its decision, ruling the signboard used by Seagull didn't infringe the trademark of Omega.

As another case of victory in rights-safeguarding, it proves Seagull is stepping to "Invented in China" from "Made in China".

In the World Watch and Jewelry Show of 2011, Seagull won a lawsuit where it was accused of infringement by producing an ornament of gyroscope flywheel stainless steel cuff button, which was the first victory for Chinese enterprises to safeguard their rights in the Word Watch and Jewelry Show.

The eight-day World Watch and Jewelry Show in Basel opened on March 8. As the biggest watch show in the world, it welcomed 1,815 watchmakers and jewelry producers from 41 countries and regions, one-sixth of which were Swiss enterprises. [Chinese version is available on xinhuanet.com]
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