Source: EURLEX
Language: en
Format: md

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| 17.4.2004 | EN | Official Journal of the European Union | C 94/62 |

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Action brought on 12 February 2004 by S.A. Spa Monopole against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-67/04)

(2004/C 94/157)

Language of the case: to be determined pursuant to article 131(2) of the Rules of Procedure language in which the case was submitted: English

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 12 February 2004 by S.A. Spa Monopole, Spa, Belguim), represented by Mr L. de Brouwer, Mr E. Cornu, Mr E. De Gryse and Ms D. Moreau, lawyers.

Spa-Finders Travel Arrangements Ltd., was also a party to the proceedings before the Board of Appeal.

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 of the Internal Market of 10 December 2003 |

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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: | Spa-Finders Travel Arrangements Ltd. |
| Community trade mark sought: | Word mark ‘SPA-FINDERS’ application no. 354597 for goods and services in classes 16 (printed publications etc.) and 39 (travel agency services etc.) |
| Proprietor of mark or sign cited in the opposition proceedings: | S.A. Spa Monopole |
| Mark or sign cited in opposition: | Word trade mark ‘SPA’and ‘LES THERMES DE SPA’ for goods in Classes3, 32 and42 |
| Decision of the Opposition Division | Opposition dismissed |
| Decision of the Board of Appeal: | Appeal rejected |
| Pleas in law: | Infringement of article 8(5)15 of Regulation 40/94[(1)](#ntr1-C_2004094EN.01006202-E0001) |

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