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:
2. | | Orders Mülhens GmbH & Co. KG to pay the costs. |