Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (First Chamber) of 22 February 2006 − Nestlé v OHIM**

**(Case T-74/04)**

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

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
(Council Regulation No 40/94, Art. 8(1)(b)) (see paras 56-57)

**Re:**

|  |  |
| --- | --- |
|  | 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 |

**Information relating to the case**:

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Société des produits Nestlé SA |
| Community trade mark sought: | Figurative mark ‘QUICKY’ – Application No 467 746, lodged for goods in Classes 29 (meats, etc.), 30 (coffee, etc.) and 32 (mineral water, etc.) |
| Proprietor of the mark or sign cited in the opposition proceedings: | Société anonyme de droit belge Quick restaurants |
| Mark or sign cited in the opposition proceedings: | Word and figurative national and international marks, ‘QUICK’ and ‘QUICKIES’ |
| Decision of the Opposition Division: | Rejection of the registration |
| Decision of the Board of Appeal: | Dismissal of the appeal |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders the applicant to pay the costs in their entirety. |

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