Case C-234/06 P: Judgment of the Court (Fourth Chamber) of 13 September 2007 — Il Ponte Finanziaria SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), F.M.G. Textiles Srl, formerly Marine Enterprise Projects — Società Unipersonale di Alberto Fiorenzi Srl (Appeal — Community trade mark — Registration of the trade mark BAINBRIDGE — Opposition by the proprietor of earlier national trade marks all having the component Bridge in common — Opposition rejected — Family of trade marks — Proof of use — Concept of defensive trade marks )
Date: 2007-11-10
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), appeal, clothing industry, footwear industry, leather, trade-mark law

C 269/14

EN

Official Journal of the European Union

10.11.2007

Judgment of the Court (Third Chamber) of 20 September
2007 — Société des Produits Nestlé SA v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs), Quick Restaurants SA

Judgment of the Court (Fourth Chamber) of 13 September
2007 — Il Ponte
for
Harmonisation in the Internal Market (Trade Marks and
Designs), F.M.G. Textiles Srl, formerly Marine Enterprise
Projects — Società Unipersonale di Alberto Fiorenzi Srl

Finanziaria SpA v Office

(Case C-193/06 P) (1)

(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)

(2007/C 269/26)

Language of the case: French

(Case C-234/06 P) (1)

(Appeal — Community trade mark — Registration of the
trade mark BAINBRIDGE — Opposition by the proprietor of
earlier national trade marks all having the component ‘Bridge’
in common — Opposition rejected — Family of trade marks
— Proof of use — Concept of ‘defensive trade marks’)

(2007/C 269/27)

Language of the case: Italian

Parties

Appellant: Société des Produits Nestlé SA (represented by:
D. Masson, avocat)

Parties

Other parties to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (represented
by: A. Folliard-Monguiral, agent), Quick Restaurants SA (repre-
sented by E. De Gryse, F. de Visscher and D. Moreau, avocats)

Re:

Appeal brought against the judgment of
the Court of First
Instance (First Chamber) of 22 February 2006 in Case T-74/04
intervener: Quick Restaurants SA., dismissing
Nestlé v OHIM,
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 of the judgment

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
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 when relying on
the overall impression given by them;

(QUICKY)

contrary

extent

that,

the

to

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.

Appellant:
Roncaglia, A. Torrigiani Malaspina and M. Boletto, avvocati)

Il Ponte Finanziaria SpA (represented by: P.L.

Other parties to the proceedings: Office for Harmonisation in the
Internal Market
(represented by:
(Trade Marks and Designs)
O. Montalto and M. Buffolo, Agents), F.M.G. Textiles Srl,
formerly Marine Enterprise Projects — Società Unipersonale di
Alberto Fiorenza Srl (represented by: D. Marchi, avvocato)

Re:

‘The Bridge’,

‘Old Bridge’,

Appeal against the judgment of
the Court of First Instance
(Fourth Chamber) of 23 February 2006 in Case T-194/03 Il
Ponte Finanziaria SpA v OHIM dismissing an action brought by
the proprietor of the word, figurative and three-dimensional
trade marks ‘Bridge’,
‘THE
BRIDGE’,
‘The Bridge Wayfarer’
‘FOOTBRIDGE’,
and ‘OVER THE BRIDGE’, for goods in Classes 18 and 25, for
annulment of Decision R 1015/2001-4 of the Fourth Board of
Appeal of the Office for Harmonisation in the Internal Market
(OHIM) of 17 March 2003 dismissing the appeal against the
decision of the Opposition Division rejecting the opposition to
the application for registration of the figurative mark ‘Bain-
bridge’ for goods in Classes 18 and 25.

‘The Bridge Basket’,

Operative part of the judgment

The Court:

1) dismisses the appeal;

2) orders Il Ponte Finanziaria SpA to pay the costs.

(1) OJ C 165 of 15.7.2006.

(1) OJ C 178, 29.7.2006.