Source: EURLEX
Language: en
Format: md

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| 22.12.2007 | EN | Official Journal of the European Union | C 315/35 |

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Judgment of the Court of First Instance of 6 November 2007 — Omega v OHIM — Omega Engineering (Ω OMEGA)

(Case T-90/05)[(1)](#ntr1-C_2007315EN.01003501-E0001)

(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)

(2007/C 315/65)

Language of the case: English

Parties

Applicant: Omega SA (Bienne, Switzerland) (represented initially by: P. González-Bueno Catalán de Ocón and E. Armijo Chávarri, and subsequently by P. González-Bueno Catalán de Ocón, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Omega Engineering, Inc. (Stamford, Connecticut, United States) (represented by: C. Algar, Solicitor)

Re:

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 Omegal Engineering, Inc. and Omega SA.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Omega SA to pay the costs. |

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