CELEX: 62004TJ0278
Language: en
Date: 2006-11-16
Title: Judgment of the Court of First Instance (Fifth Chamber) of 16 November 2006. # Jabones Pardo, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-278/04.

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.