I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
EN
2014/C 235/26
Language in which the application was lodged: 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)
Other party to the proceedings before the Board of Appeal: Spa Monopole, compagnie fermière de Spa SA/NV (Spa, Belgium)
The applicant claims that the Court should:
—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 January 2014 given in Case R 1516/2012-4;
—Order the defendant, and, if necessary, the intervener, to pay the costs of proceedings.
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The wordmark ‘SPA WISDOM’ for goods in Class 3 — Community trade mark application No 8 9 00 748
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: The Benelux trademarks Nos 3 89 230, 4 99 046, 3 72 307 for the word mark ‘SPA’ and the Benelux trademark No 6 93 395 for the word mark ‘LES THERMES DE SPA’
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR