CELEX: C2006/310/32
Language: en
Date: 2006-12-16 00:00:00
Title: Case T-172/05: Judgment of the Court of First Instance of 10 October 2006 — Armacell v OHIM — nmc (ARMAFOAM) (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)

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)
   
   (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.
            
         
      (1)  OJ C 171, 9.7.2005.