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2.12.2006 |
EN |
Official Journal of the European Union |
C 294/21 |
Order of the Court (Fourth Chamber) of 13 July 2006 — Soffass SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Sodipan SCA
(Case C-92/06 P) (1)
(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)
(2006/C 294/36)
Language of the case: Italian
Parties
Appellant: Soffass SpA (represented by: V. Biliardo, C. Bacchini and M. Mazzitelli, lawyers)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), (represented by: M. Capostagno, Agent), Sodipan SCA (represented by: N. Bœspflug, lawyer)
Re:
Appeal against the judgment of the Court of First Instance (First Chamber) of 23 November 2005 in Case T-396/04 Soffass v OHMI whereby the Court dismissed as unfounded an action by the applicant for the figurative mark ‘NICKY’ for goods in Class 15 for annulment of 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 of the order
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1. |
The appeal is dismissed. |
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2. |
Soffass SpA is ordered to pay the costs. |