Case T-103/06: Action brought on  27 March 2006  — ESOTRADE v OHIM
Date: 2006-05-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, footwear industry, jewellery and goldsmith's articles, leather industry, trade-mark law

20.5.2006

EN

Official Journal of the European Union

C 121/17

Form of order sought

— annulment of Commission Decision C (2005) 4683 of 25

November 2005;

— declaration under Article 241 EC that points B.12 and C.2
of Datasheet No 19 annexed to Commission Decision
97/322/EC of 23 April 1997 are unlawful and inapplicable;

— order that the Commission pay the costs.

Proprietor of the mark or sign cited in the opposition proceed-
ings: 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

Pleas in law and main arguments

Decision of the Board of Appeal: Dismissal of the appeal

The applicant submits that the contested decision should be
annulled on grounds similar to those put forward in Case T-
418/05 Investire Partecipazioni v Commission (OJ C 22 of
28.1.06, p. 21).

Pleas in law: Incorrect application of Article 8(1)(b) of Regu-
lation No 40/94 on the Community trade mark

Action brought on 7 April 2006 — InterVideo v OHIM

Action brought on 27 March 2006 — ESOTRADE v OHIM

(Case T-103/06)

(2006/C 121/30)

Language in which the application was lodged: Spanish

Parties

(Case T-105/06)

(2006/C 121/31)

Language of the case: English

Parties

Applicant: InterVideo, Inc. (California, USA) (represented by: K.
Manhaeve, lawyer)

Applicant: ESOTRADE, S.A.
Jaime de Rivera Lamo de Espinosa, lawyer)

(Madrid, Spain)

(represented by

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Form of order sought

Other party to the proceedings before the Board of Appeal:
Antonio Segura Sánchez

— Annul the decision of the Board of Appeal of 31 January

2006;

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 all the costs.

Pleas in law and main arguments

Community trade mark concerned: The figurative mark ‘WinDVD
Creator’ for goods in class 9 — application No 4 106 936

Decision of the examiner: Refusal of the application

— order the defendant to pay the costs of both the present

Decision of the Board of Appeal: Dismissal of the appeal

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

Pleas in law: Violation of Articles 4 and 7(1)(b) and (c) of
Council Regulation No 40/94 as the Board of Appeal has
defined the relevant public incorrectly. The relevant public is,
according to the applicant, the average consumer and not PC
users familiar with specific computer language.