Source: EURLEX
Language: en
Format: md

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| 8.1.2005 | EN | Official Journal of the European Union | C 6/39 |

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Action brought on 4 October 2004 by SOFFASS S.p.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-396/04)

(2005/C 6/77)

Language of the case: Italian

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 4 October 2004 by SOFFASS S.p.A., represented by Vincenzo Biliardo and Cristiano Bacchini, lawyers.

The other party to the proceedings before the appeal board was: SODIPAN (Société en Commandite par Actions).

The applicant claims that the Court should:

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| — | Annul the decision of the OHIM First Board of Appeal of 16 June 2004 in Case R-699/2003-1; |

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| — | Order OHIM to pay the costs. |

Pleas in law and main arguments:

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| Applicant for Community trade mark: | The applicant |
| Community trade mark considered: | Figurative mark ‘NICKY’ – Application No 1 315 985 for products in Class 16 (Paper, cardboard and goods made from these materials, for household and cleaning purposes). |
| Proprietor of mark or sign cited in the opposition proceedings: | The French company SODIPAN (Société en Commandite par Actions). |
| Mark or sign cited in opposition. | Figurative French marks ‘NOKY’ (No 1 346 586) and ‘noky’ (No 1 400 192) for products in Class 16. |
| Decision of the Opposition Division: | Opposition dismissed. |
| Decision of the Board of Appeal: | Annulment of the Opposition Division decision, the matter being referred back to it for reconsideration. |
| Pleas in law: | Misapplication of Article 8(1)(b) of Regulation (EC) No 40/94 (likelihood of confusion). |

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