Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 16.12.2006 | EN | Official Journal of the European Union | C 310/16 |

---

Judgment of the Court of First Instance of 10 October 2006 — Armacell v OHIM — nmc (ARMAFOAM)

(Case T-172/05)[(1)](#ntr1-C_2006310EN.01001602-E0001)

(Community trade mark - Opposition proceedings - Application to register Community word mark ARMAFOAM - Earlier Community word mark NOMAFOAM - Relative ground for refusal - Likelihood of confusion - Similarity of products and signs - Argument concerning the similarity of goods raised for the first time before the Court of First Instance)

(2006/C 310/32)

Language of the case: English

Parties

Applicant: Armacell Enterprise GmbH (Münster, Germany) (represented by: O. Spuhler, lawyer,)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: nmc SA (Raeren-Eynatten, Belgium) (represented by: P. Péters and T. de Haan, lawyers)

Re:

Action against the decision of the First Board of Appeal of OHIM of 23 February 2005 (Case R 552/2004-1) concerning opposition proceedings between nmc SA and Armacell Enterprise GmbH.

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | Dismisses the action; |

|  |  |
| --- | --- |
| 2. | Orders Armacell Enterprise GmbH to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and nmc SA. |

---

[Top](#document1)