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Case T-201/14: Judgment of the General Court of 16 March 2016 — The Body Shop International v OHIM — Spa Monopole (SPA WISDOM) (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)

ECLI:EU:UNKNOWN:62014TA0201

62014TA0201

March 16, 2016
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Official Journal of the European Union

C 156/35

(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

Parties

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)

Re:

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.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders The Body Shop International plc to pay the costs.

(1)

OJ C 235, 21.7.2014.

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