Judgment of the General Court (Fifth Chamber) of 16 November 2006.#Jabones Pardo, SA v European Union Intellectual Property Office.#Case T-278/04.

Subject of the case

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 23 April 2004 (Joined Cases R 547/2003-1 and R 604/2003-1), relating to opposition proceedings between Jabones Pardo, SA and Quimi Romar, SL.

Information relating to the case

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Operative part

Operative part

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 23 April 2004 (Joined Cases R 547/2003-1 and R 604/2003-1) in so far as it allowed the intervener’s appeal concerning ‘soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices’, falling within Class 3, and ‘sanitary preparations’, falling within Class 5, referred to in the Community trade mark application;

2. Orders OHIM to bear its own costs and pay half of the costs incurred by Jabones Pardo, SA;

3. Orders Quimi Romar, SL to bear its own costs.