Order of the Court (Fourth Chamber) of 13 July 2006. – Soffass SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

Subject of the case

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

Operative part:

The Court:

1. Dismisses the appeal;

2. Orders Soffass SpA to pay the costs.