CELEX: 62006CO0092
Language: en
Date: 2006-07-13 00:00:00
Title: Order of the Court (Fourth Chamber) of 13 July 2006. # Soffass SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Figurative mark 'NICKY' - Opposition by the proprietor of the national figurative marks 'NOKY' and 'noky' - Purely factual assessment - Appeal manifestly inadmissible. # Case C-92/06 P.

Order of the Court (Fourth Chamber) of 13 July 2006 – Soffass v OHIM
      (Case C-92/06 P)
      Appeal – Community trade mark – Figurative mark ‘NICKY’ – Opposition by the proprietor of the national figurative marks ‘NOKY’ and ‘noky’ – Purely factual assessment – Appeal manifestly inadmissible
      Appeal – Grounds – Incorrect assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the facts before the Court of First Instance – Excluded except in the case of distortion of the facts (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see paras
         17-18)
      
      Re: 
      
         APPEAL brought against the judgment of the Court of First Instance (First Chamber) of 23 November 2005 in Case T-396/04 
               Soffass 
               v
                OHIM
               , in which the Court dismissed as unfounded an action by the applicant for the figurative mark ‘NICKY’ for goods in Class
                  15 against Decision R 699/2003-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM)
                  of 16 July 2004, annulling the decision of the Opposition Division dismissing the opposition brought by the proprietor of
                  the national figurative marks ‘NOKY’ and ‘noky’ for goods in Class 16.
               
            Operative part:
      The Court: 
      
         
                   
               
               
                  
               
               
                  Dismisses the appeal;
               
            
         
                   
               
               
                  
               
               
                  Orders Soffass SpA to pay the costs.