Judgment — ECLI:EU:C:2007:539
Date: 2007-09-20
Language of the case: French
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Similarity between marks
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible;Appeal - successful

Judgment of the Court (Third Chamber) of 20 September 2007 – Nestlé v OHIM (Case C‑193/06 P) Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Figurative mark containing the word ‘QUICKY’ – Opposition of holder of earlier national word marks QUICKIES – Likelihood of confusion – Overall assessment 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 34-35, 46-47, 76) Re: Appeal brought against the judgment of the Court of First Instance (First Chamber) of 22 February 2006 in Case T 74/04 Nestlé v OHIM , intervener: Quick Restaurants SA., dismissing the action for annulment of the decision of the Second Board of Appeal of OHIM of 17 December 2003 (Case R 922/2001-2) concerning opposition proceedings in which the parties were Société des Produits Nestlé SA and Quick Restaurants SA. Operative part The Court: 1. Annuls the judgment of the Court of First Instance of the European Communities of 22 February 2006 in Case T 74/04 Nestlé v OHIM-Quick (QUICKY) to the extent that, contrary to Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, the Court did not assess the visual similarity of the signs at issue by relying on the overall impression given by them; 2. Dismisses the appeal as to the remainder; 3. Refers the case back to the Court of First Instance of the European Communities; 4. Reserves the costs.