CELEX: 62009TJ0378
Language: en
Date: 2012-01-31
Title: Judgment of the General Court (Second Chamber) of 31 January 2012. # Spar Handelsgesellschaft mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition procedure - Application for Community word mark SPA GROUP - Earlier national figurative marks SPAR - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation No 207/2009. # Case T-378/09.

Judgment of the General Court (Second Chamber) of 31 January 2012 – Spar v OHIM – Spa Group Europe (SPA GROUP)
      (Case T-378/09)
      Community trade mark – Opposition procedure – Application for Community word mark SPA GROUP – Earlier national figurative marks SPAR – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation No 207/2009
      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 207/2009, Art. 8(1)(b)) (see paras 24-25, 54, 69-74)
      
      Re:
      
         
               ACTION for annulment of the decision of the First Board of Appeal of OHIM of 16 July 2009 (Case R 123/2008-1) in relation
                  to opposition proceedings between Spar Handelsgesellschaft mbH and Spa Group Europe Ltd & Co. KG.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Spar Handelsgesellschaft mbH to pay the costs.