CELEX: 62006TJ0093
Community trade mark
Opposition proceedings
Application for Community word mark MINERAL SPA
Earlier national word mark SPA
Relative ground for refusal
Reputation
Unfair advantage taken of the repute of the earlier mark
Article 8(5) of Regulation (EC) No 40/94

ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 January 2006 (Case R 825/2004-2) concerning
opposition proceedings between Spa Monopole, compagnie fermière de Spa SA/NV, and Mülhens GmbH & Co. KG.
Information relating to the case
Applicant for the Community trade mark:
Mülhens GmbH & Co. KG
Community trade mark sought:
Word mark MINERAL SPA for goods in Class 3
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:
Several marks containing the word SPA, registered in Benelux for goods in Class 32
Decision of the Opposition Division:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Mülhens GmbH & Co. KG to pay the costs.