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Document 62006CJ0193

Summary of the Judgment

Judgment of the Court (Third Chamber) of 20 September 2007.
Société des produits Nestlé SA v European Union Intellectual Property Office.
Case C-193/06 P.

Keywords
Subject of the case
Operative part

Keywords

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 paras 34-35, 46-47, 76

)

Subject of the case

Re:

Appeal brought against the judgment of the Court of First Instance (First Chamber) of 22 February 2006 in Case T 74/04 Nestlé v OHIM , intervener: Quick Restaurants SA., dismissing the action for annulment of the decision of the Second Board of Appeal of OHIM of 17 December 2003 (Case R 922/2001-2) concerning opposition proceedings in which the parties were Société des Produits Nestlé SA and Quick Restaurants SA.

Operative part

Operative part

The Court:

1. Annuls the judgment of the Court of First Instance of the European Communities of 22 February 2006 in Case T 74/04 Nestlé v OHIM-Quick (QUICKY) to the extent that, contrary to Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, the Court did not assess the visual similarity of the signs at issue by relying on the overall impression given by them;

2. Dismisses the appeal as to the remainder;

3. Refers the case back to the Court of First Instance of the European Communities;

4. Reserves the costs.

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