Community trade mark Opposition proceedings Relative ground for refusal Damage to reputation Earlier national word mark SPA Application for the Community word mark SPALINE Unfair advantage derived from the reputation of the earlier mark Use of the mark applied for without due cause Article 8(5) of Regulation (EC) No 40/94
Sumário
Judgment of the Court of First Instance (Fifth Chamber) of 25 March 2009.
L’Oréal SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community word mark SPALINE - Earlier national word mark SPA - Relative ground for refusal - Damage to reputation - Unfair advantage derived from the reputation of the earlier mark - Use of the mark applied for without due cause - Article 8(5) of Regulation (EC) No 40/94.
Case T-21/07.
Texto da decisão
Judgment of the Court of First Instance (Fifth Chamber) of 25 March 2009 – L’Oréal v OHIM – Spa Monopole (SPALINE)
(Case T-21/07)
Community trade mark – Opposition proceedings – Application for the Community word mark SPALINE – Earlier national word mark SPA – Relative ground for refusal – Damage to reputation – Unfair advantage derived from the reputation of the earlier mark – Use of the mark applied for without due cause – Article 8(5) 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 enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services (Council Regulation No 40/94, Art. 8(5)) (see paras 21, 24-25, 35-36, 40)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 18 October 2006 (Case R 415/2005-1), concerning opposition proceedings between Spa Monopole, compagnie fermière de Spa SA/NV and L’Oréal SA. |
Information relating to the case
|
Applicant for the Community trade mark: |
L’Oréal SA |
|
Community trade mark sought: |
Community mark SPALINE for goods in Class 3 – Application No 989236 |
|
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: |
National and international word marks SPA, LIP SPA, SPA SKIN CARE and Les Thermes de Spa for goods in Classes 3, 32 and 42. |
|
Decision of the Opposition Division: |
Opposition upheld |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders L’Oréal SA to pay the costs. |