Notice for the OJ

 

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 15 June 2005

in Case T-186/04 Spa Monopole, compagnie fermière de Spa SA/NV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ¹

(Community trade mark - Opposition proceedings - Application for registration of Community work mark SPAFORM - Earlier word marks SPA and SPA THERMES - Partial rejection of the opposition - Rule 18(1) of Regulation (EC) No 2868/95)

(Language of the case: English)

In Case T-186/04, Spa Monopole, compagnie fermière de Spa SA/NV, established in Spa (Belgium), represented by L. de Brouwer, E. Cornu, É. De Gryse and D. Moreau, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: G. Schneider), the other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance, being Spaform Ltd, established in Southampton (United Kingdom), represented by J. Gardner and A. Howard, Barristers, application for annulment of the decision of the Fourth Board of Appeal of OHIM of 25 February 2004 (Case R 827/2002-4) relating to opposition proceedings between Spa Monopole, compagnie fermière de Spa SA/NV and Spaform Ltd ( the Court of First Instance (Second Chamber), composed of J. Pirrung, President, N.J. Forwood and S. Papasavvas, Judges; B. Pastor, Deputy Registrar, for the Registrar, gave a judgment on 15 June 2005, in which it:

Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 25 February 2004 (Case R 827/2002-4) in part, in so far as it declares inadmissible the opposition based on Article 8(5) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, as regards the SPA mark registered in Benelux under No 389 230;

Dismisses the remainder of the application;

Orders OHIM to bear its own costs and to pay those incurred by the applicant;

Orders the intervener to bear its own costs.

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¹ - . OJ C 201 of 7.8.2004