ECLI:EU:T:2008:444

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.