CELEX: 62006TJ0093
Language: en
Date: 2008-06-19 00:00:00
Title: Judgment of the Court of First Instance (Eighth Chamber) of 19 June 2008. # Mülhens GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark MINERAL SPA - Earlier national word mark SPA - Relative ground for refusal - Reputation - Unfair advantage taken of the repute of the earlier mark - Article 8(5) of Regulation (EC) No 40/94. # Case T-93/06.

Judgment of the Court of First Instance (Eighth Chamber) of 19 June 2008 – Mülhens v OHIM – Spa Monopole (MINERAL SPA)
      (Case T-93/06)
      Community trade mark – Opposition proceedings – Application for Community word mark MINERAL SPA – Earlier national word mark SPA – Relative ground for refusal – Reputation – Unfair advantage taken of the repute of the earlier mark – Article 8(5) of Regulation (EC) No 40/94
      1.                     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 (Council Regulation No 40/94, Art. 8(5)) (see
            paras 41-43)
      2.                     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 (Council Regulation No 40/94, Art. 8(5)) (see
            para. 33)
      3.                     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 (Council Regulation No 40/94, Art. 8(1)(b)
            and (5)) (see para. 38)
      4.                     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 (see para. 39)
      5.                     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 (Council Regulation No 40/94, Art. 8(5)) (see
            para. 40)
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 January 2006 (Case R 825/2004-2) concerning
                  opposition proceedings between Spa Monopole, compagnie fermière de Spa SA/NV, and Mülhens GmbH & Co. KG.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Mülhens GmbH & Co. KG
            
         
               Community trade mark sought:
            
            
               Word mark MINERAL SPA for goods in Class 3
            
         
               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:
            
            
               Several marks containing the word SPA, registered in Benelux for goods in Class 32
            
         
               Decision of the Opposition Division:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mülhens GmbH & Co. KG to pay the costs.