CELEX: C2007/315/65
Language: en
Date: 2007-12-22 00:00:00
Title: Case T-90/05: Judgment of the Court of First Instance of 6 November 2007 — Omega v OHIM — Omega Engineering (Ω OMEGA) (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)

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/35
            
         Judgment of the Court of First Instance of 6 November 2007 — Omega v OHIM — Omega Engineering (Ω OMEGA)
   (Case T-90/05) (1)
   
   (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:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               
                  Orders Omega SA to pay the costs.
            
         
      (1)  OJ C 115, 14.5.2005.