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.
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