Judgment of the General Court (Second Chamber) of 31 January 2012 – Spar v OHIM – Spa Group Europe (SPA GROUP)

(Case T-378/09)

Community trade mark – Opposition procedure – Application for Community word mark SPA GROUP – Earlier national figurative marks SPAR – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation No 207/2009

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 207/2009, Art. 8(1)(b)) (see paras 24-25, 54, 69-74)

Re:

ACTION for annulment of the decision of the First Board of Appeal of OHIM of 16 July 2009 (Case R 123/2008-1) in relation to opposition proceedings between Spar Handelsgesellschaft mbH and Spa Group Europe Ltd & Co. KG.

Operative part

The Court:

1. Dismisses the action;

2. Orders Spar Handelsgesellschaft mbH to pay the costs.