CELEX: C2006/121/30
Language: en
Date: 2006-05-20 00:00:00
Title: Case T-103/06: Action brought on  27 March 2006  — ESOTRADE v OHIM

20.5.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 121/17
            
         Action brought on 27 March 2006 — ESOTRADE v OHIM
   (Case T-103/06)
   (2006/C 121/30)
   Language in which the application was lodged: Spanish
   Parties
   
      Applicant: ESOTRADE, S.A. (Madrid, Spain) (represented by Jaime de Rivera Lamo de Espinosa, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Other party to the proceedings before the Board of Appeal: Antonio Segura Sánchez
   Form of order sought
   
               —
            
            
               Annul the Decision of the Second Board of Appeal of OHIM of 10 January 2006 in Case R 217/2004-2 in the dispute between the marks YOKANA and YOKONO;
            
         
               —
            
            
               declare the Community trade mark No 1 600 659, ‘YOKANA’ eligible for registration;
            
         
               —
            
            
               order the defendant to pay the costs of both the present and the earlier proceedings.
            
         Pleas in law and main arguments
   Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: Figurative mark ‘YOKANA’ (application No 1 600 659) for goods in Classes 14, 18 and 25
   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 1 099 356) and 18, 25 and 39 (No 336 750)
   
      Decision of the Opposition Division: Opposition upheld in part and refusal of the application for registration for certain goods in Classes 18 and 25
   Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Incorrect application of Article 8(1)(b) of Regulation No 40/94 on the Community trade mark