Harman International Industries Limited v Martin Audio Limited (O-108-14) (7 March 2014)

Trade Mark Registry Invalidity Applications (consolidated proceedings). Harman International Industries Ltd applied to invalidate two UK trade Marks ‘OMNILIVE’ and ‘OmniLine’ both registered in respect of various goods in Class 9. Harman relied on objections under Sections 5(2)(b) and 5 (3) of the 1994 Act on the basis of its earlier Community Trade Mark ‘OMNIDRIVE’ also registered for various goods in Class 9 and also relied on an earlier right objection under Section 5(4) of the 1994 Act . It was held that there was a likelihood of confusion on the basis of Harman’s earlier mark under Section 5(2)(b) of the 1994 Act and the Applications for declarations of Invalidity were successful. Iona Berkeley was Counsel for the Trade Mark owner, Martin Audio Limited.