Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 27 September 2007 – La Mer Technology v OHIM – Laboratoires Goëmar
(LA MER)**

**(Case T-418/03)**

Community trade mark – Opposition proceedings – Application for Community word mark LA MER – Earlier national word mark LABORATOIRE DE LA MER – Relative ground for refusal – Genuine use of the mark – Article 43(1) and (2) of Regulation (EC) No 40/94 – No likelihood of confusion – Article 8(1)(b) of Regulation No 40/94

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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 114, 127, 129-130)

**Re:**

|  |  |
| --- | --- |
|  | ACTION for annulment of the decision of the Second Board of Appeal of OHIM of 23 October 2003 (Case R 814/2000‑2) relating to opposition proceedings between Laboratoires Goëmar and La Mer Technology, Inc. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | La Mer Technology, Inc. |
| Community trade mark sought: | Word mark LA MER for goods in Class 3 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Laboratoires Goëmar |
| Mark or sign cited in opposition: | International and national word mark LABORATOIRE DE LA MER for goods in Classes 3, 5, 29 and 31 |
| Decision of the Opposition Division: | Opposition upheld. Application for registration dismissed in its entirety |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders La Mer Technology, Inc. to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Laboratoires Goëmar. |

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