CELEX: 62006TJ0391
Community trade mark
Opposition proceedings
Application for the Community word mark S-HE
Earlier national word mark SHE, earlier national and international figurative trade mark She
Relative ground for refusal
No likelihood of confusion
Lack of similarity between the signs
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the First Board of Appeal of OHIM No R 301/2006-1 of 26 September 2006 concerning opposition
proceedings between Karstadt Quelle AG and dm drogerie market GmbH.
Information relating to the case
Applicant for the Community trade mark:
dm drogerie markt GmbH
Community trade mark sought:
Word mark ‘S-HE’ for goods and services in Classes 3, 9, 14, 16, 18, 24, 25, 28, 32, 38, 41 and 42 – Application No – 2766723
Proprietor of the mark or sign cited in the opposition proceedings:
Arcandor AG, formerly Karstadt Quelle AG
Mark or sign cited in opposition:
German word mark ‘SHE’ for goods in Classes 3 and 25, German figurative mark ‘She’ for goods in Classes 3, 9, 16, 18 and 25,
and international figurative mark ‘She’ for goods in Classes 3, 9, 16, 18 and 25
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Arcandor AG, previously Karstadt Quelle AG to pay the costs.