Judgment of the Court (Third Chamber) of 20 September 2007. – Société des produits Nestlé SA v European Union Intellectual Property Office.

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

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.