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(Case T-201/14)(1)
((Community trade mark - Opposition proceedings - Application for the Community word mark SPA WISDOM - Earlier Benelux word mark SPA - Relative grounds for refusal - Unfair advantage taken of the distinctive character or the repute of the earlier trade mark - Article 8(5) of Regulation (EC) No 207/2009))
(2016/C 156/45)
Language of the case: English
Applicant: The Body Shop International plc (Littlehampton, United Kingdom) (represented by: I. Vernimme, H. Viaene, S. Vandewynckel and D. Gillet, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Spa Monopole, compagnie fermière de Spa SA/NV (Spa, Belgium) (represented by: E. Cornu and E. De Gryse, lawyers)
Action brought against the decision of the Fourth Board of Appeal of OHIM of 16 January 2014 (Case R 1516/2012-4), relating to opposition proceedings between The Body Shop International plc and Spa Monopole, compagnie fermière de Spa SA/NV.
The Court:
1.Dismisses the action;
2.Orders The Body Shop International plc to pay the costs.
(1)
OJ C 235, 21.7.2014.