(Case T-131/06)

Community trade mark – Application for the Community figurative mark SONIA SONIA RYKIEL – Earlier national word mark SONIA – Relative ground for refusal – Genuine use of the mark – Article 43(2) and (3) of Regulation (EC) No 40/94

Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use (Council Regulation No 40/94, Art. 43(2) and (3) (see paras 38-44)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 30 January 2006 (Case R 329/2005-1) relating to opposition proceedings between Cuadrado, SA and Sonia Rykiel création et diffusion de modèles.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Figurative mark SONIA SONIA RYKIEL for goods in Classes 3, 9, 14, 18 and 25 – Application No 1035625

Proprietor of the mark or sign cited in the opposition proceedings:

Cuadrado, SA

Mark or sign cited in opposition:

National word mark SONIA for goods in Classes 24 and 25

Decision of the Opposition Division:

Opposition dismissed as regards goods in Class 25

Decision of the Board of Appeal:

Decision of the Opposition Division annulled and trade mark application dismissed for all goods which it covers in Class 25

Operative part

The Court:

1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 January 2006 (Case R 329/2005-1);

2.Orders OHIM to pay the costs.