Source: EURLEX
Language: en
Format: md

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| 22.11.2008 | EN | Official Journal of the European Union | C 301/7 |

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Judgment of the Court (First Chamber) of 18 September 2008 — Armacell Enterprise GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), nmc SA

(Case C-514/06 P)[(1)](#ntr1-C_2008301EN.01000701-E0001)

(Appeal - Community trade mark - Application for the Community word mark ARMAFOAM - Earlier Community trade mark NOMAFOAM - Relative ground for refusal - Similarity of the signs - Existence of a relative ground for refusal in part of the European Community)

(2008/C 301/12)

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 (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent), nmc SA (represented by: P. Péters and T. de Haan, avocats)

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 10 October 2006 in Case T-172/05 Armacell v OHIM whereby the Court dismissed an action by the applicant for the word mark ‘ARMAFOAM’ for goods in Class 20 for annulment of Decision R 552/2004-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 23 February 2005 annulling the decision of the Opposition Division which rejected the opposition brought by the proprietor of the Community word mark ‘NOMAFOAM’ for goods in Classes 11, 19, 20, 27 and 28

Operative part of the judgment

The Court:

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| 1. | Dismisses the appeal; |

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| 2. | Orders Armacell Enterprise GmbH to pay the costs. |

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