Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 6 November 2007 – Omega v OHIM – Omega Engineering (Ω OMEGA)**

**(Case T-90/05)**

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

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
(Council Regulation No 40/94, Art. 8(1)(b)) (see paras 42-43, 50)

**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 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. |

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