This document is an excerpt from the EUR-Lex website
Document 62012TA0416
Case T-416/12: Judgment of the General Court of 5 March 2014 — HP Health Clubs Iberia v OHIM — Shiseido (ZENSATIONS) (Community trade mark — Opposition proceedings — Application for Community figurative mark ZENSATIONS — Earlier Community word mark ZEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Admissibility of the applicant’s form of order — Article 46 of the Rules of Procedure — Obligation to state reasons — First sentence of Article 75 of Regulation No 207/2009 — Examination of the facts by the Office of its own motion — Article 76(1) of Regulation No 207/2009)
Case T-416/12: Judgment of the General Court of 5 March 2014 — HP Health Clubs Iberia v OHIM — Shiseido (ZENSATIONS) (Community trade mark — Opposition proceedings — Application for Community figurative mark ZENSATIONS — Earlier Community word mark ZEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Admissibility of the applicant’s form of order — Article 46 of the Rules of Procedure — Obligation to state reasons — First sentence of Article 75 of Regulation No 207/2009 — Examination of the facts by the Office of its own motion — Article 76(1) of Regulation No 207/2009)
Case T-416/12: Judgment of the General Court of 5 March 2014 — HP Health Clubs Iberia v OHIM — Shiseido (ZENSATIONS) (Community trade mark — Opposition proceedings — Application for Community figurative mark ZENSATIONS — Earlier Community word mark ZEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Admissibility of the applicant’s form of order — Article 46 of the Rules of Procedure — Obligation to state reasons — First sentence of Article 75 of Regulation No 207/2009 — Examination of the facts by the Office of its own motion — Article 76(1) of Regulation No 207/2009)
|
14.4.2014 |
EN |
Official Journal of the European Union |
C 112/29 |
Judgment of the General Court of 5 March 2014 — HP Health Clubs Iberia v OHIM — Shiseido (ZENSATIONS)
(Case T-416/12) (1)
((Community trade mark - Opposition proceedings - Application for Community figurative mark ZENSATIONS - Earlier Community word mark ZEN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Admissibility of the applicant’s form of order - Article 46 of the Rules of Procedure - Obligation to state reasons - First sentence of Article 75 of Regulation No 207/2009 - Examination of the facts by the Office of its own motion - Article 76(1) of Regulation No 207/2009))
2014/C 112/38
Language of the case: Spanish
Parties
Applicant: HP Health Clubs Iberia (Barcelona, Spain) (represented by: S. Serrat Viñas, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carillo, Agent)
Intervener in support of the defendant: Shiseido Company Ltd (Tokyo, Japan) (represented by: B. Moreau-Margotin, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 6 June 2012 (Case R 2212/2010-1) relating to opposition proceedings between Shiseido Company Ltd and HP Health Clubs Iberia S.A.
Operative part of the judgment
The Court:
|
1. |
Dismisses the action. |
|
2. |
Dismisses the heads of claims of Shiseido Company Ltd other than that essentially seeking the dismissal of the action as manifestly inadmissible. |
|
3. |
Orders HP Health Clubs Iberia S.A. to bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM.) |
|
4. |
Orders Shiseido Company Ltd to bear its own costs. |