Case T-172/05: Judgment of the Court of First Instance of 10 October 2006 — Armacell v OHIM — nmc (ARMAFOAM) (Community trade mark — Opposition proceedings — Application to register Community word mark ARMAFOAM — Earlier Community word mark NOMAFOAM — Relative ground for refusal — Likelihood of confusion — Similarity of products and signs — Argument concerning the similarity of goods raised for the first time before the Court of First Instance)
Date: 2006-12-16
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 310/16

EN

Official Journal of the European Union

16.12.2006

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and F. Clotuche-Duvieusart, Agents)

Re:

Re:

Application for annulment of the decision of 9 October 2003
by which the Director General of the Commission 'Personnel
and administration' Directorate General refused to transfer the
applicant to the European Monitoring Centre for Drugs and
Drug Addiction (EMCDDA).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 57, 5.3.2005.

Judgment of the Court of First Instance of 25 October
2006 — Castell del Remei v OHIM — Bodegas Roda
(ODA)

(Case T-13/05) (1)

(Community trade mark — Opposition proceedings —
Earlier international word mark RODA and earlier national
word marks BODEGAS RODA, RODA I and RODA II —
Application for a Community word mark ODA — Likelihood
of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)

(2006/C 310/31)

Language of the case: Spanish

Parties

Application for annulment of the decision of the First Board of
Appeal of OHIM of 27 October 2004 (Case R 691/2003-1),
concerning opposition proceedings between Bodegas Roda SA
and Castell del Remei, SL.

Operative part of the judgment

1. The action is dismissed;

2. The applicant is ordered to pay the costs.

(1) OJ C 69, 19.3.2005.

Judgment of the Court of First Instance of 10 October
2006 — Armacell v OHIM — nmc (ARMAFOAM)

(Case T-172/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation to register Community word mark ARMAFOAM —
Earlier Community word mark NOMAFOAM — Relative
ground for refusal — Likelihood of confusion — Similarity
of products and signs — Argument concerning the similarity
of goods raised for the first time before the Court of First
Instance)

(2006/C 310/32)

Language of the case: English

Parties

Applicant: Armacell Enterprise GmbH (Münster, Germany)
(represented by: O. Spuhler, lawyer,)

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

Applicant: Castell del Remei, SL (Castell del Remei, Spain)
(represented by: J. Grau Mora, A. Angulo, M. Baylos Morales,
A. Velázquez Ibánez, F. de Visscher, E. Cornu, É. De Gryse, D.
Moreau and P. Merino Baylos, lawyers)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: nmc SA (Raeren-
Eynatten, Belgium) (represented by: P. Péters and T. de Haan,
lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: J. García Murillo,
Agent)

Re:

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court of First Instance: Bodegas Roda, SA (La
Rioja, Spain) (represented by: M. López Camba, lawyer)

Action against the decision of the First Board of Appeal of
OHIM of 23 February 2005 (Case R 552/2004-1) concerning
opposition proceedings between nmc SA and Armacell Enter-
prise GmbH.

16.12.2006

EN

Official Journal of the European Union

C 310/17

Operative part of the judgment

The Court:

1. Dismisses the action;

Order of the President of the Court of First Instance of 13
October 2006 — Vischim v Commission

(Case T-420/05 R II)

2. Orders Armacell Enterprise GmbH to bear its own costs and to
pay those incurred by the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) and nmc SA.

(Application for interim measures — Application for suspen-
sion of operation — Directive 91/414/EEC — Fresh applica-
tion — Urgency — None)

(1) OJ C 171, 9.7.2005.

(2006/C 310/34)

Language of the case: English

Order of the Court of First Instance of 6 September 2006
— Hensotherm v OHIM — Hensel (HENSOTHERM)

(Case T-366/04) (1)

(Community trade mark — Cancellation proceedings —
Community figurative and word mark HENSOTHERM —
National word mark HENSOTHERM — Inadmissibility of
the appeal against the decision conferring the cancellation —
Time-limits — Restitutio in integrum)

(2006/C 310/33)

Language of the case: Swedish

Parties

Applicant: Vischim Srl (Cesano Maderno, Italy), (represented by
C. Mereu and K. Van Maldegem, lawyers)

Defendant Commission of the European Communities (repre-
sented by B. Doherty and L. Parpala, lawyers)

Re:

Application for suspension of the deadline of 31 August 2006
set by Article 3 of Commission Directive 2005/53/EC of 16
September 2005 amending Council Directive 91/414/EEC to
include chlorothalonil, chlorotoluron, cypermethrin, damino-
zide and thiophanate-methyl as active substances (OJ 2005
L 241, p.51)

Parties

Operative part of the order

Applicant: Hensotherm AB (Trelleborg, Sweden)
by: S. Hallbäck, lawyer)

(represented

1. The application for interim measures is dismissed.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: S. Laitinen, Agent)

2. Costs are reserved.

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court of First Instance: Rudolf Hensel GmbH
(Börnsen, Germany) (represented by: M. Zöbisch, lawyer)

Re:

Action brought against
the First Board of
Appeal of OHIM of 12 July 2004 (Case R 614/2003-1),
concerning proceedings for invalidity of the Community figura-
tive mark HENSOTHERM.

the decision of

Order of the Court of First Instance of 6 October 2006 —
Biofarma v OHIM — Anca Health Care (CAFON)

(Case T-442/05) (1)

(Community trade mark — Withdrawal of the application
for registration — No need to adjudicate)

Operative part of the order

1. The action is dismissed;

2. The applicant is ordered to pay its own costs as well as those of
the Office for Harmonisation in the Internal Market (Trade Marks
and Designs);

3. The intervener is ordered to pay its own costs.

Parties

(2006/C 310/35)

Language of the case: Spanish

(1) OJ C 31, 5.2.2005.

Applicant: Biofarma (Madrid, Spain) (represented by: V. Gil Vega
and A. Ruiz López, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: J. García Murillo,
Agent)