Source: EURLEX
Language: en
Format: md

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| 15.7.2006 | EN | Official Journal of the European Union | C 165/14 |

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Appeal brought on 24 April 2006 by Société des Produits Nestlé SA against the judgment of the Court of First Instance (First Chamber) delivered on 22 February 2006 in Case T-74/04 Société des Produits Nestlé SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), intervener: Quick restaurants SA

(Case C-193/06 P)

(2006/C 165/25)

Language of the case: French

Parties

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

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Quick restaurants SA

Form of order sought

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| — | Set aside the CFI judgment of the Court of First Instance of 22 February 2006; and |

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| — | Order OHIM to pay the costs in their entirety |

Pleas in law and main arguments

According to the applicant the Court of First Instance made an error of law in that it failed to assess the trade mark in question in its entirety and in concreto, whereas the trade mark in question is composed of a particularly distinctive character and its name, the figurative and verbal elements of that complex trade mark cannot be separated in this instance.

The Court of Instance also disregarded the provisions of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 10 December 1993 on the Community trade mark[(1)](#ntr1-C_2006165EN.01001402-E0001) by failing to take account, when assessing the likelihood of confusion, of all the relevant elements in question, as regards both the trade mark sought by the applicant and the word mark of the intervener.

Finally, by examining only some of the rights invoked by the intervener in its opposition, the Court of First Instance disregarded the rules applicable to trade mark oppositions.

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