Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 25 March 2009 – L’Oréal v OHIM – Spa Monopole (SPALINE)**

**(Case T-21/07)**

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

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 (Council Regulation No 40/94, Art. 8(5)) (see
paras 21, 24-25, 35-36, 40)

**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. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | L’Oréal SA |
| Community trade mark sought: | Community mark SPALINE for goods in Class 3 – Application No 989236 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Spa Monopole, compagnie fermière de Spa SA/NV |
| Mark or sign cited in opposition: | National and international word marks SPA, LIP SPA, SPA SKIN CARE and Les Thermes de Spa for goods in Classes 3, 32 and 42. |
| Decision of the Opposition Division: | Opposition upheld |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders L’Oréal SA to pay the costs. |

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