CELEX: 62006CJ0193
Language: en
Date: 2007-09-20
Title: Judgment of the Court (Third Chamber) of 20 September 2007.#Société des produits Nestlé SA v European Union Intellectual Property Office.#Case C-193/06 P.

Judgment of the Court (Third Chamber) of 20 September 2007 – Nestlé v OHIM
      (Case C‑193/06 P)
      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
      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 paras 34-35, 46-47, 76)
      
      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
      The Court:
      
         
                   
               
               
                  
               
               
                  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 by relying on the overall
                     impression given by them;
                  
               
            
         
                   
               
               
                  
               
               
                  Dismisses the appeal as to the remainder;
               
            
         
                   
               
               
                  
               
               
                  Refers the case back to the Court of First Instance of the European Communities;
               
            
         
                   
               
               
                  
               
               
                  Reserves the costs.