CELEX: 62013TN0175
Language: en
Date: 2013-03-25 00:00:00
Title: Case T-175/13: Action brought on 25 March 2013 — Omega v OHIM — Omega Engineering (Ω OMEGA)

25.5.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 147/28
            
         Action brought on 25 March 2013 — Omega v OHIM — Omega Engineering (Ω OMEGA)
   (Case T-175/13)
   2013/C 147/51
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: Omega SA (Biel/Bienne, Switzerland) (represented by: P. González-Bueno Catalán de Ocón, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Omega Engineering, Inc. (Stamford, United States)
   
      Form of order sought
   
   The applicant claims that the General Court should:
   
               —
            
            
               annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 January 2013 in Joined Cases R 2055/2011-1 and R 2186/2011-1 and grant protection for the trade mark concerned in respect of all of the goods requested;
            
         
               —
            
            
               order OHIM and Omega Engineering, Inc. to pay the costs of the present proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Omega SA
   
      Community trade mark concerned: International registration, designating the European Union, of the figurative mark with word element ‘Ω OMEGA’ for goods in Class 9 — international registration No 997 036 designating the European Union
   
      Proprietor of the mark or sign cited in the opposition proceedings: Omega Engineering, Inc.
   
      Mark or sign cited in opposition: National and Community word marks ‘OMEGA’ for goods and services in Classes 7, 9, 11, 16, 35, 38, 41 and 42
   
      Decision of the Opposition Division: Opposition upheld in part and protection applied for refused in part
   
      Decision of the Board of Appeal: Dismissal of the applicant’s appeal and more extensive partial refusal of the protection applied for
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009