Source: EURLEX
Language: en
Format: md

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| 14.4.2014 | EN | Official Journal of the European Union | C 112/29 |

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Judgment of the General Court of 5 March 2014 — HP Health Clubs Iberia v OHIM — Shiseido (ZENSATIONS)

(Case T-416/12)[(1)](#ntr1-C_2014112EN.01002902-E0001)

((Community trade mark - Opposition proceedings - Application for Community figurative mark ZENSATIONS - Earlier Community word mark ZEN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Admissibility of the applicant’s form of order - Article 46 of the Rules of Procedure - Obligation to state reasons - First sentence of Article 75 of Regulation No 207/2009 - Examination of the facts by the Office of its own motion - Article 76(1) of Regulation No 207/2009))

2014/C 112/38

Language of the case: Spanish

Parties

Applicant: HP Health Clubs Iberia (Barcelona, Spain) (represented by: S. Serrat Viñas, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carillo, Agent)

Intervener in support of the defendant: Shiseido Company Ltd (Tokyo, Japan) (represented by: B. Moreau-Margotin, lawyer)

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 of the judgment

The Court:

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| 1. | Dismisses the action. |

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| 2. | Dismisses the heads of claims of Shiseido Company Ltd other than that essentially seeking the dismissal of the action as manifestly inadmissible. |

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| 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.) |

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| 4. | Orders Shiseido Company Ltd to bear its own costs. |

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