Judgment of the Court of First Instance of 18 October 2007 - Ekabe International v OHIM - Ebro Puleva (OMEGA 3)
(Community trade mark - Opposition proceedings - Application for the Community figurative trade mark OMEGA 3 - Earlier national word mark PULEVA-OMEGA 3 - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94)
Language of the case: French
Parties
Applicant: Ekabe International SCA (Luxembourg, Luxembourg) (represented by: C. de Haas, lawyer)
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: Ebro Puleva SA (Madrid, Spain) (represented by: P. Casamitjana Lleonart, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 6 October 2004 (Case R 117/2001-4), relating to opposition proceedings between Puleva SA (now Ebro Puleva SA) and Ekabe International SCA
Operative part of the judgment
The Court:
1. Dismisses the action.
2. Orders Ekabe International SCA to pay the costs.
____________1 - OJ C 82, 2.4.2005.