CELEX: C2005/171/50
Language: en
Date: 2005-07-09 00:00:00
Title: Case T-172/05: Action brought on 29 April 2005 by Armacell Enterprise GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

9.7.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 171/30
            
         Action brought on 29 April 2005 by Armacell Enterprise GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case T-172/05)
   (2005/C 171/50)
   Language in which the application was lodged: English
   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 29 April 2005 by Armacell Enterprise GmbH, established in Münster, (Germany), represented by O. Spuhler, lawyer.
   NMC, Société Anonyme established in Raeren (Belguim) was also a party to the proceedings before the Board of Appeal.
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the First Board of Appeal of the defendant dated 23 February 2005 in Case R 552/2004-1;
            
         
               —
            
            
               order the defendant to bear the costs of the proceedings.
            
         Pleas in law and main arguments
   
               Applicant for Community trade mark:
            
            
               Armacell Enterprises GmbH
            
         
               Community trade mark concerned:
            
            
               The word mark ARMAFOAM for goods in class 20 (Foam goods made of elastomers, thermoplastics or thermosets as system component or as end use application) — application No 2 487 338
            
         
               Proprietor of mark or sign cited in the opposition proceedings:
            
            
               NMC S.A.
            
         
               Trade mark or sign cited in opposition:
            
            
               The Community word mark NOMAFOAM for goods and/or services in classes 17, 19, 20, 27 and 28 (Products in semi-processed plastic materials; polyethylene foam; building materials (non metallic); …) Community trade mark No 672 816
            
         
               Decision of the Opposition Division:
            
            
               Rejection of the opposition
            
         
               Decision of the Board of Appeal:
            
            
               Annulment of the appealed decision and rejection of the Community trade mark application
            
         
               Pleas in law:
            
            
               Infringement of Article 43(5), second sentence, and Article 8(1)(b) of Council Regulation No 40/94 in that there is no likelihood of confusion between the trademarks and goods in question.