Community trade mark Opposition proceedings Relative ground for refusal Earlier national word mark SPA Article 8(5) of Regulation (EC) No 40/94 Application for Community word mark MINERAL SPA Reputation Unfair advantage taken of the repute of the earlier mark
Sumário
Judgment of the Court of First Instance (Eighth Chamber) of 19 June 2008.
Mülhens GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community word mark MINERAL SPA - Earlier national word mark SPA - Relative ground for refusal - Reputation - Unfair advantage taken of the repute of the earlier mark - Article 8(5) of Regulation (EC) No 40/94.
Case T-93/06.
Texto da decisão
Judgment of the Court of First Instance (Eighth Chamber) of 19 June 2008 – Mülhens v OHIM – Spa Monopole (MINERAL SPA)
(Case T-93/06)
Community trade mark – Opposition proceedings – Application for Community word mark MINERAL SPA – Earlier national word mark SPA – Relative ground for refusal – Reputation – Unfair advantage taken of the repute of the earlier mark – Article 8(5) of Regulation (EC) No 40/94
1. 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 enjoying a reputation (Council Regulation No 40/94, Art. 8(5)) (see paras 41-43)
2. 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 enjoying a reputation (Council Regulation No 40/94, Art. 8(5)) (see para. 33)
3. 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 enjoying a reputation (Council Regulation No 40/94, Art. 8(1)(b) and (5)) (see para. 38)
4. 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 enjoying a reputation (see para. 39)
5. 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 enjoying a reputation (Council Regulation No 40/94, Art. 8(5)) (see para. 40)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 January 2006 (Case R 825/2004-2) concerning opposition proceedings between Spa Monopole, compagnie fermière de Spa SA/NV, and Mülhens GmbH & Co. KG. |
Information relating to the case
|
Applicant for the Community trade mark: |
Mülhens GmbH & Co. KG |
|
Community trade mark sought: |
Word mark MINERAL SPA for goods in Class 3 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Spa Monopole, compagnie fermière de Spa SA/NV |
|
Mark or sign cited in opposition: |
Several marks containing the word SPA, registered in Benelux for goods in Class 32 |
|
Decision of the Opposition Division: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Mülhens GmbH & Co. KG to pay the costs. |