Action brought on 22 August 2012 - Spa Monopole v OHIM

(Case T -377/12)

Language in which the application was lodged: French

Parties

Applicant: Spa Monopole, compagnie fermière de Spa SA/NV (Spa, Belgium) (represented by: L. De Brouwer, E. Cornu and É. De Gryse, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Olivar Del Desierto, SL (Almería, Spain)

Form of order sought

annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 June 2012 in Case R 135/2011-4;

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Olivar Del Desierto, SL.

Community trade mark concerned: Figurative mark comprising the word element 'OLEOSPA' for goods and services in Classes 3, 35 and 39 - registration application No 7 268 832.

Proprietor of the mark or sign cited in the opposition proceedings: Applicant

Mark or sign cited in opposition: Benelux word marks 'SPA' for goods in Classes 3 and 32

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Appeal upheld and opposition rejected.

Pleas in law:

Infringement of Article 8(1)(b) of Regulation No 207/2009;

Infringement of Article 8(5) of Regulation No 207/2009.

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