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)
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.