Back to EUR-Lex homepage

EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search
You are here

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





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.

Top