CELEX: 62006TJ0106
Community trade mark
Opposition proceedings
Application for Community figurative mark BAU HOW
Earlier figurative marks BAUHAUS
Relative grounds for refusal
No likelihood of confusion
Article 8(1)(a) and (b), and Article 73 of Regulation (EC) No 40/94

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.
Information relating to the case
Applicant for the Community trade mark:
BAU HOW GmbH
Community trade mark sought:
Figurative mark BAU HOW for goods and services in Classes 7, 8, 11, 19, 20, 36, 37 and 40 – Application No 1740133
Proprietor of the mark or sign cited in the opposition proceedings:
Demp BV
Mark or sign cited in opposition:
Figurative mark BAUHAUS as Benelux trade mark No 570351 and International mark No 646757 for goods and services in Classes
1, 2, 6 to 9, 11, 12, 16, 17, 19 to 21, 25, 27, 31 and 40 and the application for registration of Irish mark No 2000/03158
Decision of the Opposition Division:
Rejection of the opposition
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Demp BV to pay the costs.