Action brought on 27 March 2006 - ESOTRADE v OHIM

(Case T-103/06)

Language in which the application was lodged: Spanish

Parties

Applicant: ESOTRADE, S.A. (Madrid, Spain) (represented by Jaime de Rivera Lamo de Espinosa, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Antonio Segura Sánchez

Form of order sought

Annul the Decision of the Second Board of Appeal of OHIM of 10 January 2006 in Case R 217/2004-2 in the dispute between the marks YOKANA and YOKONO;

declare the Community trade mark No 1 600 659, 'YOKANA' eligible for registration;

order the defendant to pay the costs of both the present and the earlier proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: Figurative mark 'YOKANA' (application No 1 600 659) for goods in Classes 14, 18 and 25

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 1 099 356) and 18, 25 and 39 (No 336 750)

Decision of the Opposition Division: Opposition upheld in part and refusal of the application for registration for certain goods in Classes 18 and 25

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Incorrect application of Article 8(1)(b) of Regulation No 40/94 on the Community trade mark

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