Action brought on 20 September 2012 - HP Health Clubs Iberia v OHIM - Shiseido (ZENSATIONS)

(Case T-416/12)

Language in which the application was lodged: Spanish

Parties

Applicant: HP Health Clubs Iberia, SA (Barcelona, Spain) (represented by: S. Serrat Viñas, lawyer)

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

Other party to the proceedings before the Board of Appeal: Shiseido Company Ltd (Tokyo, Japan)

Form of order sought

The applicant claims that the Court should:

annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 June 2012 in Case R 2212/2010-1;

reject the opposition brought by Shiseido Company Ltd;

refer the case back to OHIM for it to register the mark is respect of which registration was sought for all the contested services; and

order the defendant and the other party involved in the case to pay the costs incurred by the applicant in these proceedings and in the earlier proceedings before OHIM.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: figurative mark 'ZENSATIONS' for services in Classes 35 and 44 - Community trade mark No 5 778 303

Proprietor of the mark or sign cited in the opposition proceedings: Shiseido Company Ltd

Mark or sign cited in opposition: word mark 'ZEN' for goods and services in Classes 3, 21 and 44

Decision of the Opposition Division: opposition rejected

Decision of the Board of Appeal: appeal upheld

Pleas in law:

-    Infringement of the second sentence of Article 75 and Article 76(1) and (2) of Regulation No 207/2009;

-    Infringement of Article 8(2)(b) of Regulation No 207/2009

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