US-based Martek Biosciences Corp., a producer of DHA omega-3 products, has secured a trademark victory in Europe.

The company said the European Patent Office (EPO) had upheld one of Martek's European DHA patents.

The patent, which expires in 2010, relates to fermentation processes, human and animal food products, pharmaceutical uses of certain claimed microorganisms, and Martek's food DHA production strain.

Two companies, Aventis Research and Technologies and Nagase, had challenged Martek's patent and the US company said it was "probable" that one of the two firms would appeal.

An appeal would take place in 2009.