Notice for the OJ
SEQ CHAPTER \h \r 1
Action brought on 12 February 2004 by S.A. Spa Monopole against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
(Case T-67/04)
Language of the case:
to be determined pursuant to article 131(2) of the Rules of Procedure
- language in which the case was submitted: English
An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 12 February 2004 by S.A. Spa Monopole, Spa, Belguim), represented by Mr L. de Brouwer, Mr E. Cornu, Mr E. De Gryse and Ms D. Moreau, lawyers.
Spa-Finders Travel Arrangements Ltd., was also a party to the proceedings before the Board of Appeal.
The applicant claims that the Court should:
_ annul the Decision of the First Board of Appeal of the Office for Harmonisation of the Internal Market of 10 December 2003
- order the OHIM to pay the costs
Pleas in law and main arguments:
Applicant for Community trade mark: Spa-Finders Travel Arrangements Ltd.
Community trade mark sought: Word mark "SPA-FINDERS" application no. 354597 for goods and services in classes 16 (printed publications etc.) and 39 (travel agency services etc.)
Proprietor of mark or sign cited in S.A. Spa Monopole
the opposition proceedings:
Mark or sign cited in opposition: Word trade mark "SPA"and "LES
THERMES DE SPA" for goods in
Classes3, 32 and42
Decision of the Opposition Division Opposition dismissed
Decision of the Board of Appeal: Appeal rejected
Pleas in law: Infringement of article 8(5)15 of Regulation 40/941
____________1 - Council Regulation (EC) No 40/94 of 20 December 993 on the Community trade mark (OJ , p. )