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)
Date: 2006-01-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), polishing and scouring preparations, toiletries, trade-mark law

28.1.2006

EN

Official Journal of the European Union

C 22/13

Judgment of the Court of First Instance of 24 November
2005 — Sadas v OHIM

Judgment of the Court of First Instance of 23 November
2005 — Soffass v OHIM

(Case T-346/04) (1)

(Case T-396/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark ARTHUR ET FELICIE —
Earlier figurative mark including the word element 'Arthur'
— Relative ground of refusal — Likelihood of confusion —
Article 8(1)(b) of Regulation (EC) No 40/94)

(2006/C 22/25)

Language of the case: French

‘NICKY’ — Earlier national

(Community trade mark — Opposition proceedings — Appli-
cation for Community figurative mark containing the verbal
element
figurative marks
containing the verbal element ‘NOKY’ — Rejection of oppo-
sition 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): Sadas SA (Tourcoing, France) (represented by: A.
Bertrand, lawyer)

Parties

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: A. Folliard-
Monguiral and G. Schneider, Agents)

Other party or parties to the proceedings before the Board of Appeal
of OHIM intervening before the Court of First Instance: LTJ Diffu-
sion SA (Colombes, France) (represented by: F. Fajgenbaum and
S. Lederman, lawyers)

Action

brought against the decision of the First Board of Appeal of
OHIM of 7 June 2004 (Case R 393/2003-1), concerning oppo-
sition proceedings between Sadas SA and LTJ Diffusion SA

Operative part of the judgment

The Court:

1. Dismisses the action;

Applicant(s): Soffass (Porcari, Italy) (represented by: V. Bilardo
and C. Bacchini, lawyers)

Defendant(s): Office for Harmonisation in the Internal Market
(represented by: M. Capostagno,
(Trade Marks and Designs)
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

the First Board of
action brought against
Appeal of OHIM of 16 July 2004 (Case R 699/2003 1), relating
to opposition proceedings between Soffass SpA and Sodipan
SCA

the decision of

Operative part of the judgment

The Court:

2. Orders the applicant to pay the costs, with the exception of those

incurred by the intervener;

1. Dismisses the application;

3. Orders the intervener to bear its own costs.

2. Orders the applicant to pay the costs.

(1) OJ C 262, 23.10.2004.

(1) OJ C 6, 8.1.2005.