Judgment — ECLI:EU:T:2009:348
Date: 2009-09-23
Language of the case: German
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks applied for
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 19 December 2006 - Karstadt Quelle v OHIM - dm drogerie markt (S-HE) (Case T-391/06) Language in which the application was lodged: German Parties Applicant: Karstadt Quelle Aktiengesellschaft (Essen, Germany) (represented by: V. von Bomhard, A. Renck and T. Dolde, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal of OHIM: dm drogerie markt GmbH Form of order sought annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) No R 301/2006-1 of 26 September 2006; order the defendant to pay the costs of the proceedings. Pleas in law and main arguments Applicant for a Community trade mark: dm drogerie markt GmbH. Community trade mark concerned: The 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 2 766 723). Proprietor of the mark or sign cited in the opposition proceedings: The applicant. 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: Partial granting of the appeal, partial rejection of the application. Decision of the Board of Appeal: Dismissal of the appeal. Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94, 1 on the ground that there is a likelihood of confusion between the marks in opposition. ____________ 1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).