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)
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:
Dismisses the action;
Orders Omega SA to pay the costs.
____________1 - OJ C 115, 14.5.2005.