Keywords
Subject of the case
Operative part

Keywords

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

)

Subject of the case

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

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Operative part

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.