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Document C2005/006/77

Case T-396/04: Action brought on 4 October 2004 by SOFFASS S.p.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

SL C 6, 8.1.2005, p. 39–40 (ES, CS, DA, DE, ET, EL, EN, FR, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

8.1.2005   

EN

Official Journal of the European Union

C 6/39

Action brought on 4 October 2004 by SOFFASS S.p.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-396/04)

(2005/C 6/77)

Language of the case: Italian

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 4 October 2004 by SOFFASS S.p.A., represented by Vincenzo Biliardo and Cristiano Bacchini, lawyers.

The other party to the proceedings before the appeal board was: SODIPAN (Société en Commandite par Actions).

The applicant claims that the Court should:

—

Annul the decision of the OHIM First Board of Appeal of 16 June 2004 in Case R-699/2003-1;

—

Order OHIM to pay the costs.

Pleas in law and main arguments:

Applicant for Community trade mark:

The applicant

Community trade mark considered:

Figurative mark ‘NICKY’ – Application No 1 315 985 for products in Class 16 (Paper, cardboard and goods made from these materials, for household and cleaning purposes).

Proprietor of mark or sign cited in the opposition proceedings:

The French company SODIPAN (Société en Commandite par Actions).

Mark or sign cited in opposition.

Figurative French marks ‘NOKY’ (No 1 346 586) and ‘noky’ (No 1 400 192) for products in Class 16.

Decision of the Opposition Division:

Opposition dismissed.

Decision of the Board of Appeal:

Annulment of the Opposition Division decision, the matter being referred back to it for reconsideration.

Pleas in law:

Misapplication of Article 8(1)(b) of Regulation (EC) No 40/94 (likelihood of confusion).
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