Source: EURLEX
Language: en
Format: md

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| 3.6.2006 | EN | Official Journal of the European Union | C 131/43 |

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Action brought on 23 March 2006 — Mülhens v OHIM

(Case T-93/06)

(2006/C 131/80)

Language in which the application was lodged: English

Parties

Applicant: Mülhens GmbH & Co. KG (Cologne, Germany) (represented by: T. Schulte-Beckhausen, lawyer)

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

Other party to the proceedings before the Board of Appeal: S.A. Spa Monopole, Compagnie fermière de Spa (Spa, Belgium)

Form of order sought

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| — | Annul the decision of the second Board of Appeal of the defendant of 11 January 2006 (Case No 2746/2004); |

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| — | order the defendant to bear the costs. |

Pleas in law and main arguments

Applicant for the Community trade mark: Mülhens GmbH & Co. KG

Community trade mark concerned: the word mark 'MINERAL SPA' for goods in class 3 (soaps, perfumeries, essential oils, preparations for body and beauty care, preparations for the hair, dentifrices)

Proprietor of the mark or sign cited in the opposition proceedings: S.A. Spa Monopole, Compagnie fermière de SPA

Mark or sign cited: several trade marks containing the word 'SPA' and, in particular, the Benelux word trade mark 'SPA' for goods in class 32

Decision of the Opposition Division: rejection of the application for registration of the mark

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Misapplication of Article 8(5) of Regulation 40/94.

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