Notice for the OJ
Action brought on 24 February 2005 by Omega, S.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-90/05)
Language in which the application was lodged: English
An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 24 February 2005 by Omega, S.A., established in Bienne (Switzerland) represented by P. González-Bueno Catalán de Ocon.
Omega Engineering, Inc., established in Stamford, Connecticut (USA) was also a party to the proceedings before the Board of Appeal.
The applicant claims that the Court should:
- Annul the decision of the Second Board of Appeal dated 10 December 2004 in case
R 330/2002-2;
- Order that the Office shall bear the costs.
Pleas in law and main arguments
Applicant for Community trade mark: The applicant
Community trade mark concerned: Figurative mark OMEGA for goods and services in classes 3, 9, 14, 16, 25, 28, 35, 37, 38, 41 and 42 - application No 225 771
Proprietor of mark or sign cited in the Omega Engineering Inc.
opposition proceedings:
Trade mark or sign cited in opposition: National word and figurative marks OMEGA, MICROMEGA, OMEGA.COM, OMEGASOFT, OMEGANET for goods in classes 1, 2, 6, 7, 8, 9, 11, 14, 16, 17, 18, 35, 41, and 42
Decision of the Opposition Division: Refusal of registration for goods and services in classes 9 and 42
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Misapplication of Article 8(1)(b) of Regulation (EC) No 40/941
____________1 - Council Regulation (EC) No 0/9 of 20.12.1993 on the Community trade mark (OJ L 11, p. 1).