Judgment of the Court of First Instance (First Chamber) of 22 February 2006 − Nestlé v OHIM

(Case T-74/04)

Community trade mark – Opposition procedure – Application for Community figurative trade mark including the word element ‘QUICKY’ – Earlier Community, national and international figurative trade marks including the word element ‘QUICK’ – Earlier national and international word marks ‘QUICK’ – Earlier national word marks ‘QUICKIES’ – Likelihood of confusion – Refusal to register – Article 8(1)(b) of Regulation (EC) No 40/94

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 56-57)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 17 December 2003 (Case R 922/2001-2) regarding opposition proceedings between Société des Produits Nestlé SA and Quick restaurants SA

Information relating to the case:

Applicant for the Community trade mark:	Société des produits Nestlé SA
Community trade mark sought:	Figurative mark ‘QUICKY’ – Application No 467 746, lodged for goods in Classes 29 (meats, etc.), 30 (coffee, etc.) and 32 (mineral water, etc.)
Proprietor of the mark or sign cited in the opposition proceedings:	Société anonyme de droit belge Quick restaurants
Mark or sign cited in the opposition proceedings:	Word and figurative national and international marks, ‘QUICK’ and ‘QUICKIES’
Decision of the Opposition Division:	Rejection of the registration
Decision of the Board of Appeal:	Dismissal of the appeal

Operative part

The Court:

1.

Dismisses the action;

2.

Orders the applicant to pay the costs in their entirety.