Order of the Court (Fourth Chamber) of 13 July 2006 – Soffass v OHIM

(Case C-92/06 P)

Appeal – Community trade mark – Figurative mark ‘NICKY’ – Opposition by the proprietor of the national figurative marks ‘NOKY’ and ‘noky’ – Purely factual assessment – Appeal manifestly inadmissible

Appeal – Grounds – Incorrect assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the facts before the Court of First Instance – Excluded except in the case of distortion of the facts (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see paras 17-18)

Re:

APPEAL brought against the judgment of the Court of First Instance (First Chamber) of 23 November 2005 in Case T-396/04

Soffass

v

OHIM

, in which the Court dismissed as unfounded an action by the applicant for the figurative mark ‘NICKY’ for goods in Class 15 against Decision R 699/2003-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 16 July 2004, annulling the decision of the Opposition Division dismissing the opposition brought by the proprietor of the national figurative marks ‘NOKY’ and ‘noky’ for goods in Class 16.

Operative part:

The Court:

Dismisses the appeal;

Orders Soffass SpA to pay the costs.