Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Second Chamber) of 13 April 2010 – Esotrade v OHIM – Segura Sánchez (YoKaNa)**

**(Case T-103/06)**

Community trade mark – Opposition proceedings – Application for Community figurative mark YoKaNa – Earlier Community and national figurative marks YOKONO – Relative grounds for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

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
– Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 34, 43)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 10 January 2006 (Case R 217/2004-2), concerning opposition proceedings between Antonio Segura Sánchez and Esotrade SA. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Esotrade, SA |
| Community trade mark sought: | Figurative mark YoKaNa for goods in Classes 14, 18 and 25 – Application No 1600659 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Antonio Segura Sánchez |
| Mark or sign cited in opposition: | Figurative Community and Spanish trade marks YOKONO for goods in Classes 25 (No 1099356) and 18, 25 and 39 (No 336750) |
| Decision of the Opposition Division: | Opposition upheld in part; registration refused for certain goods in Classes 18 and 25 |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders the applicant to pay the costs. |

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