This document is an excerpt from the EUR-Lex website
Document C2006/121/30
Case T-103/06: Action brought on 27 March 2006 — ESOTRADE v OHIM
Case T-103/06: Action brought on 27 March 2006 — ESOTRADE v OHIM
Case T-103/06: Action brought on 27 March 2006 — ESOTRADE v OHIM
OB C 121, 20.5.2006, p. 17–17
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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20.5.2006 |
EN |
Official Journal of the European Union |
C 121/17 |
Action brought on 27 March 2006 — ESOTRADE v OHIM
(Case T-103/06)
(2006/C 121/30)
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
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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; |
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declare the Community trade mark No 1 600 659, ‘YOKANA’ eligible for registration; |
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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