Action brought on 27 December 2011 — Spa Monopole v OHIM — Royal Mediterranea (THAI SPA)

(Case T-663/11)

2012/C 65/30

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 E. 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: Royal Mediterranea SA (Madrid, Spain)

Form of order sought

The applicant claims that the General Court should:

Pleas in law and main arguments

Applicant for a Community trade mark: Royal Mediterranea SA

Community trade mark concerned: Word mark ‘THAI SPA’ for goods and services in Classes 16, 41 and 43

Proprietor of the mark or sign cited in the opposition proceedings: Spa Monopole SA/NV.

Mark or sign cited in opposition: Benelux registrations of word marks ‘SPA’ and ‘Les Thermes de Spa’ for goods and services in Classes 32 and 42 (now Class 44).

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 in that the Board of Appeal did not accept a similarity between the ‘restaurant services (food)’ designated in Class 43 in the mark applied for and the ‘mineral water and aerated waters and other non-alcoholic drinks; syrup and other preparations to make beverages’ designated in the ‘SPA’ word mark registered in Benelux; infringement of Article 8(5) of Regulation No 207/2009 in that the Fourth Board of Appeal did not accept the existence of a ‘link’ between the ‘SPA’ mark in Class 32 and the ‘THAI SPA’ mark in Class 43; and infringement of the rights of the defence and of Article 75 of Regulation No 207/2009.