Judgment of the Court of First Instance (First Chamber) of 22 February 2006 − Nestlé v OHIM
(Case T-74/04)
Community trade mark – Opposition procedure – Application for Community figurative trade mark including the word element ‘QUICKY’ – Earlier Community, national and international figurative trade marks including the word element ‘QUICK’ – Earlier national and international word marks ‘QUICK’ – Earlier national word marks ‘QUICKIES’ – Likelihood of confusion – Refusal to register – 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 56-57)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 17 December 2003 (Case R 922/2001-2) regarding opposition proceedings between Société des Produits Nestlé SA and Quick restaurants SA |
Information relating to the case:
Applicant for the Community trade mark: | Société des produits Nestlé SA |
Community trade mark sought: | Figurative mark ‘QUICKY’ – Application No 467 746, lodged for goods in Classes 29 (meats, etc.), 30 (coffee, etc.) and 32 (mineral water, etc.) |
Proprietor of the mark or sign cited in the opposition proceedings: | Société anonyme de droit belge Quick restaurants |
Mark or sign cited in the opposition proceedings: | Word and figurative national and international marks, ‘QUICK’ and ‘QUICKIES’ |
Decision of the Opposition Division: | Rejection of the registration |
Decision of the Board of Appeal: | Dismissal of the appeal |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders the applicant to pay the costs in their entirety. |