Source: EURLEX
Language: en
Format: md

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| 22.4.2006 | EN | Official Journal of the European Union | C 96/11 |

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Judgment of the Court of First Instance of 22 February 2006 — Nestlé v OHIM

(Case T-74/04)[(1)](#ntr1-C_2006096EN.01001103-E0001)

(Community trade mark - Opposition procedure - Application for Community figurative trade mark including the word element ‘QUICKY’ - Earlier Community, national and international figurative trade marks including the word element ‘QUICK’ - Earlier national and international word marks ‘QUICK’ - Earlier national word marks ‘QUICKIES’ - Likelihood of confusion - Refusal to register - Article 8(1)(b) of Regulation (EC) No 40/94)

(2006/C 96/21)

Language of the case: French

Parties:

Applicant: Société des produits Nestlé SA (Vevey, Switzerland) (represented by: J. Evrard and P. Péters, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party or parties to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Quick restaurants SA (Brussels, Belgium) (represented by: É. De Gryse and D. Moreau, lawyers)

Action

brought against the decision of the Second Board of Appeal of OHIM of 17 December 2003 (Case R 922/2001-2) regarding opposition proceedings between Société des Produits Nestlé SA and Quick restaurants SA

Operative part of the judgment

The Court:

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| 1. | dismisses the action; |

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| 2. | orders the applicant to pay the costs in their entirety. |

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