Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 28.1.2006 | EN | Official Journal of the European Union | C 22/13 |

---

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

(Case T-396/04)[(1)](#ntr1-C_2006022EN.01001302-E0001)

(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)

(2006/C 22/26)

Language of the case: Italian

Parties

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

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

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

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | Dismisses the application; |

|  |  |
| --- | --- |
| 2. | Orders the applicant to pay the costs. |

---

[Top](#document1)