CELEX: C2006/022/26
Language: en
Date: 2006-01-28 00:00:00
Title: Case T-396/04: Judgment of the Court of First Instance of  23 November 2005  — Soffass v OHIM (Community trade mark — Opposition proceedings — Application for Community figurative mark containing the verbal element  NICKY  — Earlier national figurative marks containing the verbal element  NOKY  — Rejection of opposition for absence of likelihood of confusion — Annulled by the Board of Appeal — Remittal to the Opposition Division to examine whether the goods are similar and the proof of use — Article 8(1)(b) of Regulation (EC) No 40/94)

28.1.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 22/13
            
         Judgment of the Court of First Instance of 23 November 2005 — Soffass v OHIM
   (Case T-396/04) (1)
   
   (Community trade mark - Opposition proceedings - Application for Community figurative mark containing the verbal element ‘NICKY’ - Earlier national figurative marks containing the verbal element ‘NOKY’ - Rejection of opposition for absence of likelihood of confusion - Annulled by the Board of Appeal - Remittal to the Opposition Division to examine whether the goods are similar and the proof of use - Article 8(1)(b) of Regulation (EC) No 40/94)
   (2006/C 22/26)
   Language of the case: Italian
   Parties
   
      Applicant(s): Soffass (Porcari, Italy) (represented by: V. Bilardo and C. Bacchini, lawyers)
   
      Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Capostagno, Agent)
   
      Other party or parties to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Sodipan SCA (Saint-Étienne-du-Rouvray, France) (represented by: N. Boespflug, lawyer)
   Application for
   action brought against the decision of the First Board of Appeal of OHIM of 16 July 2004 (Case R 699/2003 1), relating to opposition proceedings between Soffass SpA and Sodipan SCA
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the application;
            
         
               2.
            
            
               Orders the applicant to pay the costs.
            
         
      (1)  OJ C 6, 8.1.2005.