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Document 62003TJ0418

    Judgment of the Court of First Instance (Fifth Chamber) of 27 September 2007.
    La Mer Technology, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for Community word mark LA MER - Earlier national word mark LABORATOIRE DE LA MER - Relative ground of refusal - Genuine use of the mark - Article 43(1) and (2) of Regulation (EC) No 40/94 - No likelihood of confusion - Article 8(1)(b) of Regulation No 40/94.
    Case T-418/03.

    European Court Reports 2007 II-00125*

    ECLI identifier: ECLI:EU:T:2007:299

    Date of document:
    27/09/2007
    Date lodged:
    22/12/2003
    Author:
    General Court
    Country or organisation from which the request originates:
    Third countries
    Form:
    Judgment
    Authentic language:
    English
    Type of procedure:
    Action for annulment - unfounded
    Applicant:
    Individual
    Defendant:
    EU institutions and bodies, European Union Intellectual Property Office
    Judge-Rapporteur:
    Martins Ribeiro
    Treaty:
    Treaty establishing the European Economic Community
    Link
    Select all documents mentioning this document
    Instruments cited in case law:





    Judgment of the Court of First Instance (Fifth Chamber) of 27 September 2007 – La Mer Technology v OHIM – Laboratoires Goëmar (LA MER)

    (Case T-418/03)

    Community trade mark – Opposition proceedings – Application for Community word mark LA MER – Earlier national word mark LABORATOIRE DE LA MER – Relative ground for refusal – Genuine use of the mark – Article 43(1) and (2) of Regulation (EC) No 40/94 – No likelihood of confusion – Article 8(1)(b) of Regulation No 40/94

    Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 114, 127, 129-130)

    Re:

    ACTION for annulment of the decision of the Second Board of Appeal of OHIM of 23 October 2003 (Case R 814/2000‑2) relating to opposition proceedings between Laboratoires Goëmar and La Mer Technology, Inc.

    Information relating to the case

    Applicant for the Community trade mark:

    La Mer Technology, Inc.

    Community trade mark sought:

    Word mark LA MER for goods in Class 3

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

    Laboratoires Goëmar

    Mark or sign cited in opposition:

    International and national word mark LABORATOIRE DE LA MER for goods in Classes 3, 5, 29 and 31

    Decision of the Opposition Division:

    Opposition upheld. Application for registration dismissed in its entirety

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders La Mer Technology, Inc. to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Laboratoires Goëmar.

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