Source: EURLEX
Language: en
Format: md

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| 28.8.2004 | EN | Official Journal of the European Union | C 217/37 |

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Action brought on 28 June 2004 by Spa Monopole, Compagnie fermière de Spa against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-268/04)

(2004/C 217/66)

Language of the case: French

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 28 June 2004 by Spa Monopole, Compagnie fermière de Spa, Spa (Belgium), represented by Emmanuel Cornu, Eric De Gryse and Donatienne Moreau, lawyers.

Cottee Dairy Products Pty Limited, was also a party to the proceedings before the First Board of Appeal.

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | order the OHIM to pay the costs. |

Pleas in law and main arguments:

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| Applicant for Community trade mark: | Cottee Dairy Products Pty Limited |
| Community trade mark sought: | Word mark 'SPA' for goods in Class 1 (Application No 911388) |
| Mark or sign cited in opposition. | The figurative and word marks 'SPA' registered in Benelux for goods in Class 32 and the company and trade names of the opponent. |
| Proprietor of mark or sign cited in the opposition proceedings: | S.A. Spa Monopole, Compagnie fermière de Spa |
| Decision of the Opposition Division: | Rejection of the application for registration |
| Decision of the Board of Appeal: | Annulment of the decision of the Opposition Division |
| Pleas in law: | Breach of Article 8(5) of Regulation (EC) No 40/941. |

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