CELEX: 62006TJ0103
Language: en
Date: 2010-04-13
Title: Judgment of the General Court (Second Chamber) of 13 April 2010. # Esotrade, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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). # Case T-103/06.

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.