CELEX: 62005TJ0090
Community trade mark
Opposition proceedings
Application for the figurative and word Community trade mark Ω OMEGA
Earlier national word mark OMEGA
Relative ground for refusal
Reliance by the applicant for the Community trade mark on a national trade mark identical to that applied for and earlier than the national mark cited in opposition
Likelihood of confusion

ACTION brought against the decision of the Second Board of Appeal of OHIM of 10 December 2004 (Case R 330/2002-2) relating
to opposition proceedings between Omega Engineering, Inc. and Omega SA.
Information relating to the case
Applicant for the Community trade mark:
Omega SA
Community trade mark sought:
Figurative and word mark Ω OMEGA relating to goods and servics in Classes 3, 9, 14, 16, 25, 28, 35, 37, 38, 41 and 42 – Application
No 225771
Proprietor of the mark or sign cited in the opposition proceedings:
Omega Engineering, Inc.
Mark or sign cited in opposition:
National figurative work marks OMEGA, MICROMEGA, OMEGA.COM, OMEGASOFT, OMEGANET, concerning goods in Classes 1, 2, 6, 7, 8,
9, 11, 14, 16, 17, 18, 35, 41 and 42
Decision of the Opposition Division:
Refusal to register goods and services in Classes 9 and 42
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Omega SA to pay the costs.