Judgment of the Court of First Instance (Fifth Chamber) of 25 March 2009 – L’Oréal v OHIM – Spa Monopole (SPALINE)
(Case T-21/07)
Community trade mark – Opposition proceedings – Application for the Community word mark SPALINE – Earlier national word mark SPA – Relative ground for refusal – Damage to reputation – Unfair advantage derived from the reputation of the earlier mark – Use of the mark applied for without due cause – Article 8(5) of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services (Council Regulation No 40/94, Art. 8(5)) (see paras 21, 24-25, 35-36, 40)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 18 October 2006 (Case R 415/2005-1), concerning opposition proceedings between Spa Monopole, compagnie fermière de Spa SA/NV and L’Oréal SA. |
Information relating to the case
Applicant for the Community trade mark: | L’Oréal SA |
Community trade mark sought: | Community mark SPALINE for goods in Class 3 – Application No989236 |
Proprietor of the mark or sign cited in the opposition proceedings: | Spa Monopole, compagnie fermière de Spa SA/NV |
Mark or sign cited in opposition: | National and international word marks SPA, LIP SPA, SPA SKIN CARE and Les Thermes de Spa for goods in Classes 3, 32 and 42. |
Decision of the Opposition Division: | Opposition upheld |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders L’Oréal SA to pay the costs. |