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Case T-377/12: Judgment of the General Court of 27 February 2015 — Spa Monopole v OHIM — Olivar Del Desierto (OLEOSPA) (Community trade mark — Opposition proceedings — Application for Community figurative mark OLEOSPA — Earlier Benelux word marks SPA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62012TA0377
62012TA0377
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Official Journal of the European Union
C 127/20
(Case T-377/12) (<span class="super">1</span>)
((Community trade mark - Opposition proceedings - Application for Community figurative mark OLEOSPA - Earlier Benelux word marks SPA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2015/C 127/27)
Language of the case: French
Parties
Applicant: Spa Monopole, compagnie fermière de Spa SA/NV (Spa, Belgium) (represented by: L. De Brouwer, E. Cornu and E. De Gryse, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by V. Melgar, subsequently by V. Melgar and A. Folliard-Monguiral, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Olivar Del Desierto, SL (Almería, Spain)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 22 June 2012 (Case R 135/2011-4) concerning opposition proceedings between Spa Monopole, compagnie fermière de Spa SA/NV and Olivar Del Desierto, SL.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 June 2012 (Case R 135/2011-4), in so far as it dismisses the opposition in respect of cosmetic products, falling within Class 3 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;
2.Orders OHIM to pay the costs.
(<span class="super">1</span>) OJ C 331, 27.10.2012.