Community trade mark Opposition proceedings Relative ground for refusal Admissibility Likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 Findings of OHIM Earlier national word mark YUPI Application for the Community word mark YUKI
Sumário
Judgment of the Court of First Instance (Fifth Chamber) of 16 November 2006.
Jabones Pardo, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Earlier national word mark YUPI - Application for the Community word mark YUKI - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Findings of OHIM - Admissibility.
Case T-278/04.
Texto da decisão
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 – Article 8(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 23 April 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
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Applicant for the Community trade mark: |
Quimi Romar, SL |
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Community trade mark sought: |
Word mark YUKI for goods in Classes 3, 5 and 28 – Application No 1353515 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
Jabones Pardo, SA |
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Mark or sign cited in opposition: |
Spanish word mark YUPI No 246715 for goods in Class 3 |
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Decision by the Opposition Division: |
Opposition partially upheld |
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Decision of the Board of Appeal: |
Appeal by the applicant for the trade mark upheld; appeal by the opponent dismissed |
Operative part
The Court:
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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; |
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Orders OHIM to bear its own costs and pay half of the costs incurred by Jabones Pardo, SA; |
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Orders Quimi Romar, SL to bear its own costs. |