(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:

Community trade mark sought:

Figurative and word mark Ω OMEGA relating to goods and services 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.