Community trade mark Opposition proceedings Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Relative grounds for refusal Likelihood of confusion Similarity of the signs Application for Community figurative mark YoKaNa Earlier Community and national figurative marks YOKONO
Sumário
Judgment of the General Court (Second Chamber) of 13 April 2010.
Esotrade, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative mark YoKaNa - Earlier Community and national figurative marks YOKONO - Relative grounds for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-103/06.
Texto da decisão
Judgment of the General Court (Second Chamber) of 13 April 2010 – Esotrade v OHIM – Segura Sánchez (YoKaNa)
(Case T-103/06)
Community trade mark – Opposition proceedings – Application for Community figurative mark YoKaNa – Earlier Community and national figurative marks YOKONO – Relative grounds for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
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 34, 43)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 10 January 2006 (Case R 217/2004-2), concerning opposition proceedings between Antonio Segura Sánchez and Esotrade SA. |
Information relating to the case
|
Applicant for the Community trade mark: |
Esotrade, SA |
|
Community trade mark sought: |
Figurative mark YoKaNa for goods in Classes 14, 18 and 25 – Application No 1600659 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Antonio Segura Sánchez |
|
Mark or sign cited in opposition: |
Figurative Community and Spanish trade marks YOKONO for goods in Classes 25 (No 1099356) and 18, 25 and 39 (No 336750) |
|
Decision of the Opposition Division: |
Opposition upheld in part; registration refused for certain goods in Classes 18 and 25 |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders the applicant to pay the costs. |