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Case T-416/12: Judgment of the General Court of 5 March 2014 — HP Health Clubs Iberia v OHIM — Shiseido (ZENSATIONS) (Community trade mark — Opposition proceedings — Application for Community figurative mark ZENSATIONS — Earlier Community word mark ZEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Admissibility of the applicant’s form of order — Article 46 of the Rules of Procedure — Obligation to state reasons — First sentence of Article 75 of Regulation No 207/2009 — Examination of the facts by the Office of its own motion — Article 76(1) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62012TA0416
62012TA0416
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Official Journal of the European Union
C 112/29
(Case T-416/12)(1)
((Community trade mark - Opposition proceedings - Application for Community figurative mark ZENSATIONS - Earlier Community word mark ZEN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Admissibility of the applicant’s form of order - Article 46 of the Rules of Procedure - Obligation to state reasons - First sentence of Article 75 of Regulation No 207/2009 - Examination of the facts by the Office of its own motion - Article 76(1) of Regulation No 207/2009))
2014/C 112/38
Language of the case: Spanish
Parties
Applicant: HP Health Clubs Iberia (Barcelona, Spain) (represented by: S. Serrat Viñas, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carillo, Agent)
Intervener in support of the defendant: Shiseido Company Ltd (Tokyo, Japan) (represented by: B. Moreau-Margotin, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 6 June 2012 (Case R 2212/2010-1) relating to opposition proceedings between Shiseido Company Ltd and HP Health Clubs Iberia S.A.
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Dismisses the heads of claims of Shiseido Company Ltd other than that essentially seeking the dismissal of the action as manifestly inadmissible.
3.Orders HP Health Clubs Iberia S.A. to bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM.)
4.Orders Shiseido Company Ltd to bear its own costs.
OJ C 355, 17.11.2012.