Judgment of the General Court 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
Language of the case: German
Parties
Applicant: Spar Handelsgesellschaft mbH (Schenefeld, Germany) (represented by: R. Kaase and J.-C. Plate, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Hanne, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Spa Group Europe Ltd & Co. KG (Nuremberg, Germany)
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 of the judgment
The Court:
1. Dismisses the action;
2. Orders Spar Handelsgesellschaft mbH to pay the costs.
____________1 - OJ C 282, 21.11.2009.