Action brought on 25 March 2013 - Omega v OHIM - Omega Engineering (Ω OMEGA)

(Case T-175/13)

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

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