Source: EURLEX
Language: en
Format: md

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| 17.11.2012 | EN | Official Journal of the European Union | C 355/35 |

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Action brought on 20 September 2012 — HP Health Clubs Iberia v OHIM — Shiseido (ZENSATIONS)

(Case T-416/12)

2012/C 355/73

Language in which the application was lodged: Spanish

Parties

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

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Shiseido Company Ltd (Tokyo, Japan)

Form of order sought

The applicant claims that the Court should:

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| — | annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 June 2012 in Case R 2212/2010-1; |

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| — | reject the opposition brought by Shiseido Company Ltd; |

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| — | refer the case back to OHIM for it to register the mark is respect of which registration was sought for all the contested services; and |

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| — | order the defendant and the other party involved in the case to pay the costs incurred by the applicant in these proceedings and in the earlier proceedings before OHIM. |

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: figurative mark ‘ZENSATIONS’ for services in Classes 35 and 44 — Community trade mark No 5 778 303

Proprietor of the mark or sign cited in the opposition proceedings: Shiseido Company Ltd

Mark or sign cited in opposition: word mark ‘ZEN’ for goods and services in Classes 3, 21 and 44

Decision of the Opposition Division: opposition rejected

Decision of the Board of Appeal: appeal upheld

Pleas in law:

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| — | Infringement of the second sentence of Article 75 and Article 76(1) and (2) of Regulation No 207/2009; |

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| — | Infringement of Article 8(2)(b) of Regulation No 207/2009 |

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