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6.12.2008 |
EN |
Official Journal of the European Union |
C 313/30 |
Judgment of the Court of First Instance of 15 October 2008 — Air Products and Chemicals v OHIM — Messer (Ferromix, Inomix and Alumix)
(Joined Cases T-305/06 to T-307/06) (1)
(Community trade mark - Opposition proceedings - Applications for the Community word marks Ferromix, Inomix and Alumix - Earlier Community word marks FERROMAXX, INOMAXX and ALUMAXX - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
(2008/C 313/54)
Language of the case: English
Parties
Applicant: Air Products and Chemicals, Inc. (Allentown, Pennsylvania, United States) (represented by: S. Heurung and C. Probst, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen and D. Botis, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Messer Group GmbH (Sulzbach, Germany) (represented by: W. Graf v. Schwerin and J. Schmidt, lawyers)
Re:
Actions brought against three decisions of the Second Board of Appeal of OHIM of 12 September 2006 (Joined Cases R 1270/2005-2 and R 1408/2005-2; R 1226/2005-2 and R 1398/2005-2; R 1225/2005-2 and R 1397/2005-2), concerning opposition proceedings between Air Products and Chemicals, Inc. and Messer Group GmbH.
Operative part of the judgment
The Court:
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1. |
Annuls the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 12 September 2006 (Joined Cases R 1270/2005-2 and R 1408/2005-2; R 1226/2005-2 and R 1398/2005-2; R 1225/2005-2 and R 1397/2005-2); |
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2. |
Orders OHIM to bear its own costs and pay the costs of Air Products and Chemicals, Inc.; |
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3. |
Orders Messer Group GmbH to bear its own costs. |