Source: EURLEX
Language: en
Format: md

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| 17.4.2004 | EN | Official Journal of the European Union | C 94/64 |

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Action brought on 18 February 2004 by Société des Produits Nestlé S.A. against the Office for Harmonisation in the Internal Market

(Case T-74/04)

(2004/C 94/161)

Language of the case: French

An action against the Office for Harmonisation in the Internal Market was brought before the Court of First Instance of the European Communities by Société des Produits Nestlé S.A., having its registered office in Vevey (Switzerland), represented by Jean-Jo Evrard, lawyer.

Quick Restaurants S.A. was also party to the proceedings before the Second Board of Appeal.

The applicant claims that the Court should:

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| — | set aside the decision of the Second Board of Appeal of the defendant of 17 December 2003; |

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| — | order the defendant to pay the costs. |

Pleas in law and main arguments:

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| Applicant for the Community trade mark: | Société des Produits Nestlé S.A. |
| Community trade mark concerned: | Figurative trade mark ‘QUICKY’ — application No 467 746, filed for products in Classes 29 (meat etc.), 30 (coffee etc.) and 32 (mineral waters etc.) |
| Proprietor of the trade mark or sign entering opposition: | QUICK RESTAURANTS, a public limited company constituted under Belgian law |
| Trade mark or sign on the basis of which opposition was made: | National and international word and figurative trade marks ‘QUICK’ and ‘QUICKIES’ |
| Decision of the Opposition Division: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |
| Pleas in law relied on: | Wrongful application of Article 8(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2004094EN.01006402-E0001). The applicant claims that the trade marks in question are not phonetically and conceptually similar. |

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