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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.
ECLI:EU:T:2008:215
62006TJ0093
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(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
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:
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.