Judgment of the General Court of 13 April 2010 - Esotrade v OHIM - Segura Sánchez (YoKaNa)
(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))
Language of the case: Spanish
Parties
Applicant: Esotrade SA (Madrid, Spain) (represented by: J. de Rivera Lamo de Espinosa and J.E. Astiz Suárez, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo and O. Montalto, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Antonio Segura Sánchez (Alicante, Spain)
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.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders the applicant to pay the costs.
____________1 - OJ C 121, 20.5.2006.