CELEX: 62004TJ0278
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

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
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 No 1353515
Proprietor of the mark or sign cited in the opposition proceedings:
Jabones Pardo, SA
Mark or sign cited in opposition:
Spanish word mark YUPI No 246715 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:

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;

Orders OHIM to bear its own costs and pay half of the costs incurred by Jabones Pardo, SA;

Orders Quimi Romar, SL to bear its own costs.