CELEX: 62006TJ0305
Language: en
Date: 2008-10-15 00:00:00
Title: Judgment of the General Court (First Chamber) of 15 October 2008.#Air Products and Chemicals Inc. v Office for Harmonisation in the Internal Market (OHIM).#Joined Cases T-305/06 to T-307/06.

Judgment of the Court of First Instance (First Chamber) of 15 October 2008 – Air Products and Chemicals v OHIM – Messer Group
            (Ferromix, Inomix et Alumix)
      (Joined Cases T-305/06 to T-307/06)
      Community trade mark – Opposition proceedings – Applications for the Community word marks Ferromix, Inomix and Alumix – Earlier Community word marks FERROMAXX, INOMAXX and ALUMAXX – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94
      Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
         – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1), (b)) (see paras 21, 34, 59-63)
      
      Re: 
      
         
               ACTIONS brought against three decisions of the Second Board of Appeal of OHIM of 12 September 2006 (Joined Cases R 1270/2005-2
                  and R 1408/2005-2; R 1226/2005-2 and R 1398/2005-2; R 1225/2005-2 and R 1397/2005-2), concerning opposition proceedings between
                  Air Products and Chemicals, Inc. and Messer Group GmbH.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Messer Group GmbH
            
         
               Community trade mark sought:
            
            
               Word marks Ferromix, Inomix and Alumix for goods in Classes 1 and 4 – Application Nos 3190063, 3190031 and 3190022 
            
         
               Proprietor of the mark or signs cited in support of the opposition:
            
            
               Air Products and Chemicals, Inc.
            
         
               Marks or signs cited in support of the opposition:
            
            
               Word marks FERROMAXX, INOMAXX and ALUMAXX for goods in Class 1
            
         
               Decisions of the Opposition Division:
            
            
               Oppositions upheld for all goods in Class 1 and dismissed for all goods in Class 4
            
         
               Decisions of the Board of Appeal:
            
            
               Appeals dismissed; actions by the applicant upheld
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) (OHIM) of 12 September 2006 (Joined Cases R 1270/2005‑2 and R 1408/2005‑2; R 1226/2005‑2 and R 1398/2005‑2; R 1225/2005‑2
                     and R 1397/2005‑2);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to bear its own costs and pay the costs of Air Products and Chemicals, Inc.;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Messer Group GmbH to bear its own costs.