Community trade mark Opposition proceedings No likelihood of confusion Genuine use of the mark Relative ground of refusal Article 8(1)(b) of Regulation No 40/94 Article 43(1) and (2) of Regulation (EC) No 40/94 Application for Community word mark LA MER Earlier national word mark LABORATOIRE DE LA MER
Sumário
Judgment of the Court of First Instance (Fifth Chamber) of 27 September 2007.
La Mer Technology, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community word mark LA MER - Earlier national word mark LABORATOIRE DE LA MER - Relative ground of refusal - Genuine use of the mark - Article 43(1) and (2) of Regulation (EC) No 40/94 - No likelihood of confusion - Article 8(1)(b) of Regulation No 40/94.
Case T-418/03.
Texto da decisão
Judgment of the Court of First Instance (Fifth Chamber) of 27 September 2007 – La Mer Technology v OHIM – Laboratoires Goëmar (LA MER)
(Case T-418/03)
Community trade mark – Opposition proceedings – Application for Community word mark LA MER – Earlier national word mark LABORATOIRE DE LA MER – Relative ground for refusal – Genuine use of the mark – Article 43(1) and (2) of Regulation (EC) No 40/94 – No likelihood of confusion – Article 8(1)(b) of Regulation 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 – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 114, 127, 129-130)
Re:
| ACTION for annulment of the decision of the Second Board of Appeal of OHIM of 23 October 2003 (Case R 814/2000‑2) relating to opposition proceedings between Laboratoires Goëmar and La Mer Technology, Inc. |
Information relating to the case
|
Applicant for the Community trade mark: |
La Mer Technology, Inc. |
|
Community trade mark sought: |
Word mark LA MER for goods in Class 3 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Laboratoires Goëmar |
|
Mark or sign cited in opposition: |
International and national word mark LABORATOIRE DE LA MER for goods in Classes 3, 5, 29 and 31 |
|
Decision of the Opposition Division: |
Opposition upheld. Application for registration dismissed in its entirety |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders La Mer Technology, Inc. to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Laboratoires Goëmar. |