Notice for the OJ
Action brought on 22 December 2003 by La Mer Technology, Inc. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
(Case T-418/03)
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 22 December 2003 by La Mer Technology, Inc., New York, USA, represented by Dr V. v. Bomhard, Dr A. Renck and Dr A. Pohlmann, lawyers.
Laboratoires Goëmar was also a party to the proceedings before the Board of Appeal.
The applicant claims that the Court should:
- annul the Decision of the second Board of Appeal of the office for Harmonisation in the Internal market (Trade Marks and Designs) of 23 October 2003 in case R 814/2000-2;
- order that the costs of the proceedings be borne by the defendant.
Pleas in law and main arguments:
Applicant for the Community trade mark: La Mer Technology, Inc.
The Community trade mark sought: The word mark "La Mer" for goods in class 3 (in addition to other things, soaps for the care of human skin and the human body; perfumery, essential oils, cosmetics, hair lotions)
Proprietor of mark or sign cited in the
opposition proceedings: Laboratoires Goëmar
Mark or sign cited in opposition: The national and international word marks "Laboratoires de la mer" for goods in classes 3, 5, 29 and 31 (in addition to other things, cosmetics of a marine products base)
Decision of the Opposition Division: The opposition was upheld and the application for registration rejected in its entirety
Decision of the Board of Appeal: Dismissal of the appeal brought by La Mer Technology
Pleas in law: Violation of Article 43(2) and (3) of Council regulation 40/941 and violation of Article 8(1) (b) of Council Regulation 40/94
____________1 - Council Regulation (EC) No 40/94 of 20 December 993 on the Community trade mark (OJ , p. )