Source: EURLEX
Language: en
Format: md

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| 10.3.2007 | EN | Official Journal of the European Union | C 56/17 |

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Appeal brought on 18 December 2006 by Armacell Enterprise GmbH against the judgment of the Court of First Instance (Fifth Chamber) delivered on 10 October 2006 in Case T-172/05: Armacell Enterprise GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-514/06 P)

(2007/C 56/30)

Language of the case: English

Parties

Appellant: Armacell Enterprise GmbH (represented by: O. Spuhler, Rechtsanwalt)

Other party to the proceedings: Office for Harmonisation in the Internal Market

Form of order sought

The applicant claims that the Court should:

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| — | set aside the decision of the Court of First Instance dated 10 October 2006 in case T-172/05; |

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| — | order the Office for Harmonisation in the Internal Market to pay the costs of the proceedings before the Court of Justice; |

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| — | annul the decision of the First Board of Appeal of the Office of the Harmonization in the Internal Market dated 23 February 2005 in case R 552/2004-1; |

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| — | order the Office of Harmonization in the Internal Market to pay the costs of the proceedings before the Court of First Instance as well as the costs of the proceedings before the Office for Harmonization in the Internal Market. |

Pleas in law and main arguments

The applicant submits that the contested decision of the Court of First Instance is based on a misinterpretation of the statutory requirement of trade mark similarity according to article 8(1)(b) of Council regulation (EC) no 40/94[(1)](#ntr1-C_2007056EN.01001701-E0001) of 20 December 1993 on the Community trade mark (hereinafter ‘CMTR’). The applicant also submits that the failure of the Court of First Instance to consider the question of trade mark similarity from the point of view of the English-speaking public constitutes a violation of an essential procedural requirement within the meaning of article 63(2) CTMR.

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