CELEX: 62006TJ0103
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)

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.