Source: EURLEX
Language: en
Format: md

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| 6.12.2008 | EN | Official Journal of the European Union | C 313/30 |

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Judgment of the Court of First Instance of 15 October 2008 — Air Products and Chemicals v OHIM — Messer (Ferromix, Inomix and Alumix)

(Joined Cases T-305/06 to T-307/06)[(1)](#ntr1-C_2008313EN.01003003-E0001)

(Community trade mark - Opposition proceedings - Applications for the Community word marks Ferromix, Inomix and Alumix - Earlier Community word marks FERROMAXX, INOMAXX and ALUMAXX - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 313/54)

Language of the case: English

Parties

Applicant: Air Products and Chemicals, Inc. (Allentown, Pennsylvania, United States) (represented by: S. Heurung and C. Probst, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen and D. Botis, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Messer Group GmbH (Sulzbach, Germany) (represented by: W. Graf v. Schwerin and J. Schmidt, lawyers)

Re:

Actions brought against three decisions of the Second Board of Appeal of OHIM of 12 September 2006 (Joined Cases R 1270/2005-2 and R 1408/2005-2; R 1226/2005-2 and R 1398/2005-2; R 1225/2005-2 and R 1397/2005-2), concerning opposition proceedings between Air Products and Chemicals, Inc. and Messer Group GmbH.

Operative part of the judgment

The Court:

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| 1. | Annuls the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 12 September 2006 (Joined Cases R 1270/2005-2 and R 1408/2005-2; R 1226/2005-2 and R 1398/2005-2; R 1225/2005-2 and R 1397/2005-2); |

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| 2. | Orders OHIM to bear its own costs and pay the costs of Air Products and Chemicals, Inc.; |

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| 3. | Orders Messer Group GmbH to bear its own costs. |

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