CELEX: 62012TN0416
Language: en
Date: 2012-09-20 00:00:00
Title: Case T-416/12: Action brought on 20 September 2012 — HP Health Clubs Iberia v OHIM — Shiseido (ZENSATIONS)

17.11.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 355/35
            
         Action brought on 20 September 2012 — HP Health Clubs Iberia v OHIM — Shiseido (ZENSATIONS)
   (Case T-416/12)
   2012/C 355/73
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: HP Health Clubs Iberia, SA (Barcelona, Spain) (represented by: S. Serrat Viñas, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Shiseido Company Ltd (Tokyo, Japan)
   
      Form of order sought
   
   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 in the Internal Market (Trade Marks and Designs) of 6 June 2012 in Case R 2212/2010-1;
            
         
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               reject the opposition brought by Shiseido Company Ltd;
            
         
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               refer the case back to OHIM for it to register the mark is respect of which registration was sought for all the contested services; and
            
         
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               order the defendant and the other party involved in the case to pay the costs incurred by the applicant in these proceedings and in the earlier proceedings before OHIM.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: figurative mark ‘ZENSATIONS’ for services in Classes 35 and 44 — Community trade mark No 5 778 303
   
      Proprietor of the mark or sign cited in the opposition proceedings: Shiseido Company Ltd
   
      Mark or sign cited in opposition: word mark ‘ZEN’ for goods and services in Classes 3, 21 and 44
   
      Decision of the Opposition Division: opposition rejected
   
      Decision of the Board of Appeal: appeal upheld
   Pleas in law:
   
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               Infringement of the second sentence of Article 75 and Article 76(1) and (2) of Regulation No 207/2009;
            
         
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               Infringement of Article 8(2)(b) of Regulation No 207/2009