Source: EURLEX
Language: en
Format: md

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| 10.11.2007 | EN | Official Journal of the European Union | C 269/14 |

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Judgment of the Court (Third Chamber) of 20 September 2007 — Société des Produits Nestlé SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Quick Restaurants SA

(Case C-193/06 P)[(1)](#ntr1-C_2007269EN.01001401-E0001)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Figurative mark containing the word ‘QUICKY’ - Opposition of holder of earlier national word marks QUICKIES - Likelihood of confusion - Overall assessment)

(2007/C 269/26)

Language of the case: French

Parties

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

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, agent), Quick Restaurants SA (represented by E. De Gryse, F. de Visscher and D. Moreau, avocats)

Re:

Appeal brought against the judgment of the Court of First Instance (First Chamber) of 22 February 2006 in Case T-74/04 Nestlé v OHIM, intervener: Quick Restaurants SA., dismissing the action for annulment of the decision of the Second Board of Appeal of OHIM of 17 December 2003 (Case R 922/2001-2) concerning opposition proceedings in which the parties were Société des Produits Nestlé SA and Quick Restaurants SA

Operative part of the judgment

The Court:

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| 1. | Annuls the judgment of the Court of First Instance of the European Communities of 22 February 2006 in Case T-74/04 Nestlé v OHIM-Quick (QUICKY) to the extent that, contrary to Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, the Court did not assess the visual similarity of the signs at issue when relying on the overall impression given by them; |

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| 2. | Dismisses the appeal as to the remainder; |

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| 3. | Refers the case back to the Court of First Instance of the European Communities; |

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| 4. | Reserves the costs. |

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