(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:

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.