Judgment of the Court of First Instance of 16 November 2006 - Jabones Pardo v OHIM - Quimi Romar (YUKI)
(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)
Language of the case: Spanish
Parties
Applicant: Jabones Pardo, SA (Madrid, Spain) (represented by: initially J. Astiz Suárez, then A. Tarí Lázaro, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Laporta Insa, Agent)
Other party/parties to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Quimi Romar, SL (Moncada, Spain) (Moncada, Spain) (represented by: A. Sanz-Bermell y Martínez and J. Carlos Heder, lawyers)
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.
Operative part of the judgment
1. 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) is annulled 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.
2. OHIM is to bear its own costs and pay half of the costs incurred by Jabones Pardo, SA.
3. Quimi Romar, SL is to bear its own costs.
____________1 - OJ C 251, 9.10.2004.