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Case C-579/08 P: Order of the Court (Seventh Chamber) of 15 January 2010 — Messer Group GmbH v Air Products and Chemicals Inc., Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Word marks Ferromix, Inomix and Alumix — Earlier word marks FERROMAXX, INOMAXX and ALUMAXX — Opposition by the proprietor of the trade mark — Relevant public — Degree of similarity — Limited distinctive character of the earlier mark — Likelihood of confusion)
ECLI:EU:UNKNOWN:62008CB0579
62008CB0579
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17.4.2010
Official Journal of the European Union
C 100/12
(Case C-579/08 P)(*1)
(Appeal - Article 119 of the Rules of Procedure - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word marks Ferromix, Inomix and Alumix - Earlier word marks FERROMAXX, INOMAXX and ALUMAXX - Opposition by the proprietor of the trade mark - Relevant public - Degree of similarity - Limited distinctive character of the earlier mark - Likelihood of confusion)
2010/C 100/18
Language of the case: English
Parties
Appellant: Messer Group GmbH (represented by: W. Graf v. Schwerin and J. Schmidt, Rechtsanwälte)
Other parties to the proceedings: Air Products and Chemicals Inc. (represented by: S. Heurung, Rechtsanwältin), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Re:
Appeal brought against the judgment of the Court of First Instance (First Chamber) of 15 October 2008 in Joined Cases T-305/06 to 307/06 Air Products and Chemicals v OHIM, by which the Court annulled the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 12 September 2006 dismissing the appeals brought by the proprietor of the Community word marks ‘FERROMAXX’, ‘INOMAXX’ and ‘ALUMAXX’ in respect of goods in Class 1 against the Cancellation Division’s decisions which had refused, in part, the opposition filed against the applications for registration of the word marks ‘FERROMIX’, ‘INOMIX’ and ‘ALUMIX’ in respect of goods in Classes 1 and 4
Operative part of the order
1.The principal appeal and the cross-appeal are dismissed.
2.Messer Group GmbH shall bear its own costs and pay the costs incurred by Air Products and Chemicals, Inc.
3.The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) shall bear its own costs.
(*1)
Language of the case: English
* * *