This document is an excerpt from the EUR-Lex website
Document C2006/022/26
Case T-396/04: Judgment of the Court of First Instance of 23 November 2005 — Soffass v OHIM (Community trade mark — Opposition proceedings — Application for Community figurative mark containing the verbal element NICKY — Earlier national figurative marks containing the verbal element NOKY — Rejection of opposition for absence of likelihood of confusion — Annulled by the Board of Appeal — Remittal to the Opposition Division to examine whether the goods are similar and the proof of use — Article 8(1)(b) of Regulation (EC) No 40/94)
Case T-396/04: Judgment of the Court of First Instance of 23 November 2005 — Soffass v OHIM (Community trade mark — Opposition proceedings — Application for Community figurative mark containing the verbal element NICKY — Earlier national figurative marks containing the verbal element NOKY — Rejection of opposition for absence of likelihood of confusion — Annulled by the Board of Appeal — Remittal to the Opposition Division to examine whether the goods are similar and the proof of use — Article 8(1)(b) of Regulation (EC) No 40/94)
Case T-396/04: Judgment of the Court of First Instance of 23 November 2005 — Soffass v OHIM (Community trade mark — Opposition proceedings — Application for Community figurative mark containing the verbal element NICKY — Earlier national figurative marks containing the verbal element NOKY — Rejection of opposition for absence of likelihood of confusion — Annulled by the Board of Appeal — Remittal to the Opposition Division to examine whether the goods are similar and the proof of use — Article 8(1)(b) of Regulation (EC) No 40/94)
SL C 22, 28.1.2006, p. 13–13
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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28.1.2006 |
EN |
Official Journal of the European Union |
C 22/13 |
Judgment of the Court of First Instance of 23 November 2005 — Soffass v OHIM
(Case T-396/04) (1)
(Community trade mark - Opposition proceedings - Application for Community figurative mark containing the verbal element ‘NICKY’ - Earlier national figurative marks containing the verbal element ‘NOKY’ - Rejection of opposition for absence of likelihood of confusion - Annulled by the Board of Appeal - Remittal to the Opposition Division to examine whether the goods are similar and the proof of use - Article 8(1)(b) of Regulation (EC) No 40/94)
(2006/C 22/26)
Language of the case: Italian
Parties
Applicant(s): Soffass (Porcari, Italy) (represented by: V. Bilardo and C. Bacchini, lawyers)
Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Capostagno, Agent)
Other party or parties to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Sodipan SCA (Saint-Étienne-du-Rouvray, France) (represented by: N. Boespflug, lawyer)
Application for
action brought against the decision of the First Board of Appeal of OHIM of 16 July 2004 (Case R 699/2003 1), relating to opposition proceedings between Soffass SpA and Sodipan SCA
Operative part of the judgment
The Court:
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1. |
Dismisses the application; |
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2. |
Orders the applicant to pay the costs. |