Source: EURLEX
Language: en
Format: md

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| 30.12.2006 | EN | Official Journal of the European Union | C 326/55 |

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Judgment of the Court of First Instance of 16 November 2006 — Jabones Pardo v OHIM — Quimi Romar (YUKI)

(Case T-278/04)[(1)](#ntr1-C_2006326EN.01005503-E0001)

(Community trade mark - Opposition proceedings - Earlier national word mark YUPI - Application for the Community word mark YUKI - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Findings of OHIM - Admissibility)

(2006/C 326/119)

Language of the case: Spanish

Parties

Applicant: Jabones Pardo, SA (Madrid, Spain) (represented by: initially J. Astiz Suárez, then A. Tarí Lázaro, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Laporta Insa, Agent)

Other party/parties to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Quimi Romar, SL (Moncada, Spain) (Moncada, Spain) (represented by: A. Sanz-Bermell y Martínez and J. Carlos Heder, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 April 2004 (Joined Cases R 547/2003-1 and R 604/2003-1), relating to opposition proceedings between Jabones Pardo, SA and Quimi Romar, SL.

Operative part of the judgment

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| 1. | The decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 23 April 2004 (Joined Cases R 547/2003-1 and R 604/2003-1) is annulled in so far as it allowed the intervener's appeal concerning ‘soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices’, falling within Class 3, and ‘sanitary preparations’, falling within Class 5, referred to in the Community trade mark application. |

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| 2. | OHIM is to bear its own costs and pay half of the costs incurred by Jabones Pardo, SA. |

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| 3. | Quimi Romar, SL is to bear its own costs. |

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