CELEX: 62007TJ0021
Language: en
Date: 2009-03-25 00:00:00
Title: Judgment of the Court of First Instance (Fifth Chamber) of 25 March 2009. # L’Oréal SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-21/07.

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.