Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 16 November 2006 – Jabones Pardo v OHIM – Quimi Romar (YUKI)**

**(Case T-278/04)**

Community trade mark – Opposition proceedings – Earlier national word mark YUPI – Application for the Community word mark YUKI – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Findings of OHIM – Admissibility

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 para. 70)

**Re:**

|  |
| --- |
| ACTION brought against the decision of the First Board of Appeal of OHIM of 23 April 2004 (Joined Cases R 547/2003-1 and R 604/2003-1), relating to opposition proceedings between Jabones Pardo, SA and Quimi Romar, SL. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Quimi Romar, SL |
| Community trade mark sought: | Word mark YUKI for goods in Classes 3, 5 and 28 – Application No 1353515 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Jabones Pardo, SA |
| Mark or sign cited in opposition: | Spanish word mark YUPI No 246715 for goods in Class 3 |
| Decision by the Opposition Division: | Opposition partially upheld |
| Decision of the Board of Appeal: | Appeal by the applicant for the trade mark upheld; appeal by the opponent dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
|  |  | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 23 April 2004 (Joined Cases R 547/2003-1 and R 604/2003-1) in so far as it allowed the intervener’s appeal concerning ‘soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices’, falling within Class 3, and ‘sanitary preparations’, falling within Class 5, referred to in the Community trade mark application; |

|  |  |  |
| --- | --- | --- |
|  |  | Orders OHIM to bear its own costs and pay half of the costs incurred by Jabones Pardo, SA; |

|  |  |  |
| --- | --- | --- |
|  |  | Orders Quimi Romar, SL to bear its own costs. |

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