Judgment of the General Court (Second Chamber) of 16 March 2016 —

The Body Shop International v OHIM — Spa Monopole (SPA WISDOM)

(Case T‑201/14)

‛Community trade mark — Opposition proceedings — Application for the Community word mark SPA WISDOM — Earlier Benelux word mark SPA — Relative grounds for refusal — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark — Article 8(5) of Regulation (EC) No 207/2009’

1. 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 — Conditions — Reputation of the mark in the Member State or the EU — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 8(5)) (see paras 15, 16, 23)

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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions (Council Regulation No 207/2009, Art. 8(5)) (see para. 17)

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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions — Taking unfair advantage of the distinctive character or repute of the earlier mark — Detriment to the distinctive character or repute of the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(5)) (see paras 18, 56-58)

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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Aim (Council Regulation No 207/2009, Art. 8(5)) (see paras 19, 39)

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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions — Link between the marks — Criteria for assessment (Council Regulation No 207/2009, Art. 8(5)) (see paras 26, 27, 40-42)

6. 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 — Word marks SPA WISDOM and SPA (Council Regulation No 207/2009, Art. 8(5)) (see paras 43, 48, 49, 62, 63, 67, 68)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 16 January 2014 (Case R 1516/2012-4), relating to opposition proceedings between The Body Shop International plc and Spa Monopole, compagnie fermière de Spa SA/NV.

Operative part

The Court:

1. Dismisses the action;