CELEX: 62003TJ0418
Community trade mark
Opposition proceedings
Application for Community word mark LA MER
Earlier national word mark LABORATOIRE DE LA MER
Relative ground of refusal
Genuine use of the mark
Article 43(1) and (2) of Regulation (EC) No 40/94
No likelihood of confusion
Article 8(1)(b) of Regulation No 40/94

ACTION for annulment of the decision of the Second Board of Appeal of OHIM of 23 October 2003 (Case R 814/2000‑2) relating
to opposition proceedings between Laboratoires Goëmar and La Mer Technology, Inc.
Information relating to the case
Applicant for the Community trade mark:
La Mer Technology, Inc.
Community trade mark sought:
Word mark LA MER for goods in Class 3
Proprietor of the mark or sign cited in the opposition proceedings:
Laboratoires Goëmar
Mark or sign cited in opposition:
International and national word mark LABORATOIRE DE LA MER for goods in Classes 3, 5, 29 and 31
Decision of the Opposition Division:
Opposition upheld. Application for registration dismissed in its entirety
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders La Mer Technology, Inc. to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) and Laboratoires Goëmar.