Judgment — ECLI:EU:T:2010:137
Date: 2010-04-13
Language of the case: Spanish
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Action brought on 27 March 2006 - ESOTRADE v OHIM (Case T-103/06) Language in which the application was lodged: Spanish Parties Applicant: ESOTRADE, S.A. (Madrid, Spain) (represented by Jaime de Rivera Lamo de Espinosa, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Antonio Segura Sánchez Form of order sought Annul the Decision of the Second Board of Appeal of OHIM of 10 January 2006 in Case R 217/2004-2 in the dispute between the marks YOKANA and YOKONO; declare the Community trade mark No 1 600 659, 'YOKANA' eligible for registration; order the defendant to pay the costs of both the present and the earlier proceedings. Pleas in law and main arguments Applicant for a Community trade mark: The applicant Community trade mark concerned: Figurative mark 'YOKANA' (application No 1 600 659) for goods in Classes 14, 18 and 25 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 1 099 356) and 18, 25 and 39 (No 336 750) Decision of the Opposition Division: Opposition upheld in part and refusal of the application for registration for certain goods in Classes 18 and 25 Decision of the Board of Appeal: Dismissal of the appeal Pleas in law: Incorrect application of Article 8(1)(b) of Regulation No 40/94 on the Community trade mark ____________