Judgment of the General Court (First Chamber) of 15 October 2008. – Air Products and Chemicals Inc. v Office for Harmonisation in the Internal Market (OHIM).

Subject of the case

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

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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.