CELEX: C2005/006/77
Language: en
Date: 2005-01-08 00:00:00
Title: Case T-396/04: Action brought on 4 October 2004 by SOFFASS S.p.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

8.1.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/39
            
         Action brought on 4 October 2004 by SOFFASS S.p.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   (Case T-396/04)
   (2005/C 6/77)
   Language of the case: Italian
   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 4 October 2004 by SOFFASS S.p.A., represented by Vincenzo Biliardo and Cristiano Bacchini, lawyers.
   The other party to the proceedings before the appeal board was: SODIPAN (Société en Commandite par Actions).
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the OHIM First Board of Appeal of 16 June 2004 in Case R-699/2003-1;
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         Pleas in law and main arguments:
   
               Applicant for Community trade mark:
            
            
               The applicant
            
         
               Community trade mark considered:
            
            
               Figurative mark ‘NICKY’ – Application No 1 315 985 for products in Class 16 (Paper, cardboard and goods made from these materials, for household and cleaning purposes).
            
         
               Proprietor of mark or sign cited in the opposition proceedings:
            
            
               The French company SODIPAN (Société en Commandite par Actions).
            
         
               Mark or sign cited in opposition.
            
            
               Figurative French marks ‘NOKY’ (No 1 346 586) and ‘noky’ (No 1 400 192) for products in Class 16.
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed.
            
         
               Decision of the Board of Appeal:
            
            
               Annulment of the Opposition Division decision, the matter being referred back to it for reconsideration.
            
         
               Pleas in law:
            
            
               Misapplication of Article 8(1)(b) of Regulation (EC) No 40/94 (likelihood of confusion).