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Document 62005TJ0090
Judgment of the Court of First Instance (Fifth Chamber) of 6 November 2007. # Omega SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-90/05.
Judgment of the Court of First Instance (Fifth Chamber) of 6 November 2007.
Omega SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
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.
Case T-90/05.
Judgment of the Court of First Instance (Fifth Chamber) of 6 November 2007.
Omega SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
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.
Case T-90/05.
European Court Reports 2007 II-00145*
ECLI identifier: ECLI:EU:T:2007:328
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. |