Case T-172/05: Action brought on 29 April 2005 by Armacell Enterprise GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, acoustics, action for annulment (EU), building materials, plastics, trade-mark law

C 171/30

EN

Official Journal of the European Union

9.7.2005

Action brought on 21 April 2005 by Renate AMM and 14
others against European Parliament

NMC, Société Anonyme established in Raeren (Belguim) was
also a party to the proceedings before the Board of Appeal.

(Case T-170/05)

(2005/C 171/49)

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of the
defendant dated 23 February 2005 in Case R 552/2004-1;

(Language of the case: French)

— order the defendant to bear the costs of the proceedings.

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on 21
April 2005 by Renate AMM, residing in Brussels, and 14 other
represented by Sébastien Orlandi, Xavier Martin,
officials,
Albert Coolen, Jean-Noël Louis and Etienne Marchal, lawyers,
with an address for service in Luxembourg.

The applicant claims that the Court should:

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

— annul the decisions to appoint the applicants as officials of
the European Communities in that they fix their grade on
recruitment pursuant to Article 12 or the second paragraph
of Article 13 of Annex XIII to the Staff Regulations;

Community trade mark
concerned:

Armacell Enterprises GmbH

The word mark ARMAFOAM for
goods in class 20 (Foam goods
thermoplas-
made of elastomers,
system
as
thermosets
tics or
component or as end use applica-
tion) — application
No
2 487 338

— order the Parliament to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments put forward are the same
as those in Cases T-130/05, T-160/05 and T-162/05 and
similar to those in Cases T-58/05 and T-164/05.

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

NMC S.A.

Trade mark or
cited in opposition:

sign

28

The
Community word mark
NOMAFOAM for goods and/or
services in classes 17, 19, 20, 27
semi-
(Products
and
processed plastic materials; poly-
ethylene foam; building materials
(non metallic); …) Community
trade mark No 672 816

in

Action brought on 29 April 2005 by Armacell Enterprise
GmbH against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case T-172/05)

(2005/C 171/50)

(Language in which the application was lodged: English)

An action against the Office for Harmonisation in the Internal
(Trade Marks and Designs) was brought before the
Market
Court of First Instance of the European Communities on 29
April 2005 by Armacell Enterprise GmbH, established in
Münster, (Germany), represented by O. Spuhler, lawyer.

Decision of the Opposi-
tion Division:

Rejection of the opposition

Decision of
of Appeal:

the Board

Annulment of the appealed deci-
sion and rejection of
the Com-
munity trade mark application

Pleas in law:

sentence,

Infringement of Article 43(5),
second
and Article
8(1)(b) of Council Regulation No
40/94 in that there is no likeli-
hood of confusion between the
trademarks and goods in question.