Yesterday, James Bond’s watch brand, Omega, formally filed its opposition to Marvel’s attempt to register a trademark for OMEGA THE UNKNOWN, a cult classic superhero from the 1970’s claiming that the two marks are too confusing.

In February 2015, Marvel filed a trademark registration application for OMEGA THE UNKNOWN in a class that covers comic books. This is an intent to use registration meaning that while Marvel does not currently use the trademark in commerce, it plans to do so in the future. So it appears as though Marvel is looking to revitalize the superhero known as “Omega the Unknown”.

In 1976, Marvel published 10 issues of Omega the Unknown, the run was known for its unique story telling about a child that dreams about an alien, Omega, that escapes his home world and then eventually travels to Earth. In the story, the 12 year old protagonist has to face such serious issues as the death of his parents, bullying and racism. Despite its short run, the series has remained as a cult classic due to its intriguing characters and unusual storytelling. There was a sequel penned in 2007 but the characters have remained dormant since.

Omega is also the name of a famous, high-end watch brand that has been distributing products under the OMEGA trademark since 1894. The watch brand sports the name and symbol of the ancient Greek letter as does the comic book character. The watch brand argues that consumers are likely to be confused to think that the watch brand is associated with the comic book character. In essence, Omega argues that if you see the name OMEGA THE UNKNOWN in comic books you will wrongfully associate it with the OMEGA trademark for watches. In the comics, Omega the Unknown has no affiliation with watches and doesn’t even need to wear a watch because superheroes don’t worry about trivial things like time.

The parties can now look to settle this dispute and work out a coexistence agreement or fight it out at the Trademark Office. In deciding whether to approve the registration, the Trademark Office must decide whether people are inclined to confuse the OMEGA THE UNKNOWN trademark with the OMEGA trademark. Even if the trademark is not approved, this shouldn’t dim hopes that Omega the Unknown will be reborn in the comic books and perhaps take on James Bond in an amazing crossover event one day.

