Judgment of the Court of First Instance (Fifth Chamber) of 16 November 2006 – Jabones Pardo v OHIM – Quimi Romar (YUKI)
(Case T-278/04)
Community trade mark – Opposition proceedings – Earlier national word mark YUPI – Application for the Community word mark YUKI – Relative ground for refusal – Likelihood of confusion – Article8(1)(b) of Regulation (EC) No 40/94 – Findings of OHIM – Admissibility
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 (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 70)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 23April 2004 (Joined Cases R 547/2003-1 and R 604/2003-1), relating to opposition proceedings between Jabones Pardo, SA and Quimi Romar, SL. |
Information relating to the case
Applicant for the Community trade mark: | Quimi Romar, SL |
Community trade mark sought: | Word mark YUKI for goods in Classes 3, 5 and 28 – Application No1353515 |
Proprietor of the mark or sign cited in the opposition proceedings: | Jabones Pardo, SA |
Mark or sign cited in opposition: | Spanish word mark YUPI No246715 for goods in Class 3 |
Decision by the Opposition Division: | Opposition partially upheld |
Decision of the Board of Appeal: | Appeal by the applicant for the trade mark upheld; appeal by the opponent dismissed |
Operative part
The Court:
1. |
| Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 23 April 2004 (Joined Cases R 547/2003-1 and R 604/2003-1) in so far as it allowed the intervener’s appeal concerning ‘soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices’, falling within Class 3, and ‘sanitary preparations’, falling within Class 5, referred to in the Community trade mark application; |
2. |
| Orders OHIM to bear its own costs and pay half of the costs incurred by Jabones Pardo, SA; |
3. |
| Orders Quimi Romar, SL to bear its own costs. |