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Document 62006TJ0093

Judgment of the Court of First Instance (Eighth Chamber) of 19 June 2008.
Mülhens GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community word mark MINERAL SPA - Earlier national word mark SPA - Relative ground for refusal - Reputation - Unfair advantage taken of the repute of the earlier mark - Article 8(5) of Regulation (EC) No 40/94.
Case T-93/06.

European Court Reports 2008 II-00093*

ECLI identifier: ECLI:EU:T:2008:215





Judgment of the Court of First Instance (Eighth Chamber) of 19 June 2008 – Mülhens v OHIM – Spa Monopole (MINERAL SPA)

(Case T-93/06)

Community trade mark – Opposition proceedings – Application for Community word mark MINERAL SPA – Earlier national word mark SPA – Relative ground for refusal – Reputation – Unfair advantage taken of the repute of the earlier mark – Article 8(5) of Regulation (EC) No 40/94

1.                     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 enjoying a reputation (Council Regulation No 40/94, Art. 8(5)) (see paras 41-43)

2.                     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 enjoying a reputation (Council Regulation No 40/94, Art. 8(5)) (see para. 33)

3.                     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 enjoying a reputation (Council Regulation No 40/94, Art. 8(1)(b) and (5)) (see para. 38)

4.                     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 enjoying a reputation (see para. 39)

5.                     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 enjoying a reputation (Council Regulation No 40/94, Art. 8(5)) (see para. 40)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 January 2006 (Case R 825/2004-2) concerning opposition proceedings between Spa Monopole, compagnie fermière de Spa SA/NV, and Mülhens GmbH & Co. KG.

Information relating to the case

Applicant for the Community trade mark:

Mülhens GmbH & Co. KG

Community trade mark sought:

Word mark MINERAL SPA for goods in Class 3

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

Spa Monopole, compagnie fermière de Spa SA/NV

Mark or sign cited in opposition:

Several marks containing the word SPA, registered in Benelux for goods in Class 32

Decision of the Opposition Division:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Mülhens GmbH & Co. KG to pay the costs.

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