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8.3.2008 |
EN |
Official Journal of the European Union |
C 64/36 |
Judgment of the Court of First Instance of 23 January 2008 — Demp v OHIM — BAU HOW (BAU HOW)
(Case T-106/06) (1)
(Community trade mark - Opposition proceedings - Application for Community figurative mark BAU HOW - Earlier figurative marks BAUHAUS - Relative ground for refusal - No likelihood of confusion - Article 8(1)(a) and (b), and Article 73 of Regulation (EC) No 40/94)
(2008/C 64/57)
Language of the case: German
Parties
Applicant: Demp BV, formerly Demp Holding BV (Maastricht, Netherlands) (represented by: R.-D. Härer, C. Schultze, J Ossing and C. Weber, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider)
Other party to the proceedings before the Board of Appeal of OHIM: BAU HOW GmbH (Hattersheim/Okriftel, Germany)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 31 January 2006 (Case R 92/2004-4) on opposition proceedings between Demp BV and BAU HOW GmbH.
Operative part of the judgment
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1. |
The action is dismissed; |
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2. |
Demp BV is ordered to pay the costs. |