62006CJ0193_EN
Subject of the case
Operative part
Subject of the case
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
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.