CELEX: 62003TJ0418
Language: en
Date: 2007-09-27
Title: Judgment of the Court of First Instance (Fifth Chamber) of 27 September 2007. # La Mer Technology, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark LA MER - Earlier national word mark LABORATOIRE DE LA MER - Relative ground of refusal - Genuine use of the mark - Article 43(1) and (2) of Regulation (EC) No 40/94 - No likelihood of confusion - Article 8(1)(b) of Regulation No 40/94. # Case T-418/03.

Judgment of the Court of First Instance (Fifth Chamber) of 27 September 2007 – La Mer Technology v OHIM – Laboratoires Goëmar
            (LA MER)
      (Case T-418/03)
      Community trade mark – Opposition proceedings – Application for Community word mark LA MER – Earlier national word mark LABORATOIRE DE LA MER – Relative ground for refusal – Genuine use of the mark – Article 43(1) and (2) of Regulation (EC) No 40/94 – No likelihood of confusion – Article 8(1)(b) of Regulation 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 registered for identical or similar goods or services
         – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 114, 127, 129-130)
      
      Re: 
      
         
               ACTION for annulment of the decision of the Second Board of Appeal of OHIM of 23 October 2003 (Case R 814/2000‑2) relating
                  to opposition proceedings between Laboratoires Goëmar and La Mer Technology, Inc.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               La Mer Technology, Inc.
            
         
               Community trade mark sought:
            
            
               Word mark LA MER for goods in Class 3
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Laboratoires Goëmar
            
         
               Mark or sign cited in opposition:
            
            
               International and national word mark LABORATOIRE DE LA MER for goods in Classes 3, 5, 29 and 31
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld. Application for registration dismissed in its entirety
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders La Mer Technology, Inc. to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade
                     Marks and Designs) (OHIM) and Laboratoires Goëmar.