Judgment — ECLI:EU:T:2009:80
Date: 2009-03-25
Language of the case: English
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Earlier trade mark which has a reputation
Procedure: Action for annulment - unfounded
Origin: France

Judgment of the Court of First Instance of 25 March 2009 - L'Oréal v OHIM - Spa Monopole (SPALINE) (Case T-21/07) 1 (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) Language of the case: English Parties Applicant: L'Oréal SA (Paris, France) (represented by: E. Baud, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent) Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: Spa Monopole, compagnie fermière de Spa SA/NV (Spa, Belgium) (represented by: E. Cornu, L. De Brouwer, D. Moreau and E. De Gryse, lawyers) 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. Operative part of the judgment The Court: Dismisses the action; Orders L'Oréal SA to pay the costs. ____________ 1 - OJ C 69, 24.3.2007.