Case T-93/06: Judgment of the Court of First Instance of 19 June 2008 — Mülhens v OHIM — Spa Monopole (MINERAL SPA) (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)
Date: 2008-06-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, trade-mark law

C 197/20

EN

Official Journal of the European Union

2.8.2008

Judgment of the Court of First Instance of 26 June 2008 —
SIC v Commission

Judgment of the Court of First Instance of 19 June 2008 —
Mülhens v OHIM — Spa Monopole (MINERAL SPA)

(Case T-442/03) (1)

(Case T-93/06) (1)

service

(State aid — Measures taken by the Portuguese Republic for
the public service broadcaster RTP in order to finance its
certain
public
measures do not constitute State aid and that the others are
compatible with the common market — Classification as
State aid — Compatibility with the common market — Obli-
gation to undertake a diligent and impartial investigation)

remit — Decision declaring that

(Community trade mark — Opposition proceedings — Appli-
cation 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)

(2008/C 197/33)

Language of the case: Portuguese

(2008/C 197/34)

Language of the case: English

Parties

Applicant: SIC — Sociedade Independente de Comunicação, SA
(Carnaxide, Portugal) (represented by C. Botelho Moniz, E. Maia
Cadete and M. Rosado da Fonseca, lawyers)

Defendant: Commission of the European Communities (repre-
sented initially by M. Balta and F. Florindo Gijón, subsequently
by M. Niejahr,
J. Buendía Sierra and G. Braga da Cruz, and
latterly by B. Martenczuk and G. Braga da Cruz, Agents)

Re:

of

for

annulment

Application
Commission Decision
2005/406/EC of 15 October 2003 on ad hoc measures imple-
mented by Portugal for RTP (OJ 2005 L 142, p. 1) inasmuch as
that decision declares that certain of those measures do not
constitute State aid and that the others are compatible with the
common market.

Operative part of the judgment

The Court:

1. Annuls Article 1 of Commission Decision 2005/406/EC of
15 October 2003 on ad hoc measures implemented by Portugal
for RTP;

2. Annuls Article 2 of Decision 2005/406 in so far as it found that
the exemption from registration charges does not constitute State
aid;

Parties

Applicant: Mülhens GmbH & Co. KG (Cologne, Germany) (repre-
sented by: T. Schulte-Beckhausen and S. Maaßen, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, Agent)

(represented by: A.

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before
Instance: Spa Monopole,
compagnie fermière de Spa SA/NV (Spa, Belgium) (represented
by: L. de Brouwer, É. Cornu, E. de Gryse and D. Moreau,
lawyers)

the Court of First

Re:

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
and Mülhens
Spa
GmbH & Co. KG.

fermière

SA/NV,

de

Operative part of the judgment

3. Dismisses the action as to the remainder;

The Court:

4. Orders the Commission to bear its own costs and to pay four fifths
of the costs of SIC — Sociedade Independente de Comunicação,
SA;

1. Dismisses the action;

5. Orders SIC to bear one fifth of its own costs.

2. Orders Mülhens GmbH & Co. KG to pay the costs.

(1) OJ C 71, 20.3.2004.

(1) OJ C 131, 3.6.2006.