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21.7.2014 |
EN |
Official Journal of the European Union |
C 235/19 |
Action brought on 26 March 2014 — The Body Shop International v OHIM — Spa Monopole (SPA WISDOM)
(Case T-201/14)
2014/C 235/26
Language in which the application was lodged: English
Parties
Applicant: The Body Shop International plc (Littlehampton, United Kingdom) (represented by: I. Vernimme, H. Viaene, S. Vandewynckel and D. Gillet, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Spa Monopole, compagnie fermière de Spa SA/NV (Spa, Belgium)
Form of order sought
The applicant claims that the Court should:
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 January 2014 given in Case R 1516/2012-4; |
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Order the defendant, and, if necessary, the intervener, to pay the costs of proceedings. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The wordmark ‘SPA WISDOM’ for goods in Class 3 — Community trade mark application No 8 9 00 748
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: The Benelux trademarks Nos 3 89 230, 4 99 046, 3 72 307 for the word mark ‘SPA’ and the Benelux trademark No 6 93 395 for the word mark ‘LES THERMES DE SPA’
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR