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Case T-131/12: Action brought on 23 March 2012 — Spa Monopole v OHIM — Orly International (SPARITUAL)

ECLI:EU:UNKNOWN:62012TN0131

62012TN0131

March 23, 2012
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9.6.2012

EN

Official Journal of the European Union

C 165/24

(Case T-131/12)

2012/C 165/41

Language in which the application was lodged: French

Parties

Applicant: Spa Monopole compagnie fermière de Spa SA/NV (Spa, Belgium) (represented by: L. De Brouwer, E. Cornu and É. De Gryse, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Orly International, Inc (Van Nuys, USA)

Form of order sought

annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 January 2012 in Case R 2396/2010-1;

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: Word mark ‘SPARITUAL’ for goods in Class 3 — Community trade mark applied for No 3631884

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Benelux registrations of the word marks ‘SPA’ and ‘Les Thermes de Spa’ for goods and services in Classes 3, 32 and 42

Decision of the Opposition Division: Rejection of the application for a Community trade mark

Decision of the Board of Appeal: Annulment of the contested decision and rejection of the opposition

Pleas in law: Infringement of Article 8(5) of Regulation No 207/2009 in the assessment of the reputation of the word mark ‘SPA’ in Class 32 and infringement of Article 8(5) of Regulation No 207/2009 in the assessment of the likelihood that unfair advantage would be taken of the repute of the mark ‘SPA’.

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