Judgment — ECLI:EU:T:2014:104
Date: 2014-03-05
Language of the case: Spanish
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

summary of the pleas in law on which the application is based — Pleas in law not put forward in the application and the response — General reference to other documents — Inadmissibility (Rules of Procedure of the General Court, Arts 46(1)(b), and 135(1), second para.) (see paras 18-20) 2. 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 registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Weak distinctive character of the earlier mark — Relevance (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 29) 3. 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 registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 41, 42, 79) 4. 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 registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Figurative mark ZENSATIONS and word mark ZEN (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 43, 44-47, 80-84) 5. 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 registered for identical or similar goods or services — Similarity of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 76) (see para. 48) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 6 June 2012 (Case R 2212/2010‑1) relating to opposition proceedings between Shiseido Company Ltd and HP Health Clubs Iberia S.A. Operative part The Court: 1. Dismisses the action; 2. Dismisses the heads of claims of Shiseido Company Ltd other than that essentially seeking the dismissal of the action as manifestly inadmissible; 3. Orders HP Health Clubs Iberia S.A. to bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); 4. Orders Shiseido Company Ltd to bear its own costs.