CELEX: C2004/201/40
Language: en
Date: 2004-08-07 00:00:00
Title: Case T-186/04: Action brought on 25 May 2004 by Spa Monopole, Compagnie Fermière de Spa against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

7.8.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 201/18
            
         Action brought on 25 May 2004 by Spa Monopole, Compagnie Fermière de Spa against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   (Case T-186/04)
   (2004/C 201/40)
   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 25 May 2004 by Spa Monopole, Compagnie Fermière de Spa, established in Spa (Belgium), represented by L. de Brouwer, E. Cornu, E. De Gryse and D. Moreau, lawyers.
   Spaform Limited was also a party to the proceedings before the Board of Appeal.
   The applicant claims that the Court should:
   
               —
            
            
               annul Decision R 0827/2002-4 of 25 February 2004 of the Fourth Board of Appeal dismissing the appeal by the applicant against the Opposition Division's decision to dismiss the opposition brought by the applicant against registration of the word mark ‘SPAFORM’ for goods in Classes 7, 9 and 11.
            
         
               —
            
            
               order OHIM to pay the costs.
            
         Pleas in law and main arguments:
   
               Applicant for Community trade mark:
            
            
               Spaform Limited
            
         
               Community trade mark sought:
            
            
               Word mark ‘SPAFORM’ — application No 609 776 for goods in Classes 7 (pumps, etc.), 9 (apparatus and instruments for measuring pressure) and 11 (whirlpool baths)
            
         
               Proprietor of mark or sign cited in the opposition proceedings:
            
            
               The applicant
            
         
               Mark or sign cited in opposition.
            
            
               The national mark SPA for products in Classes 32 (mineral waters, etc.)
            
         
               Decision of the Opposition Division:
            
            
               Dismissal of the application
            
         
               Decision of the Board of Appeal:
            
            
               Dismissal of the appeal
            
         
               Pleas in law:
            
            
               Infringement of Article 18(1) of Regulation (EC) No 2868/95 (1). On the basis of that article, the Opposition Division held that the information available to the Office at the end of the opposition period did not permit identification of the earlier mark relied on. The applicant calls in question that finding.
            
         
      (1)  Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1).