Judgment — ECLI:EU:T:2008:14
Date: 2008-01-23
Language of the case: German
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Figurative marks applied for
Procedure: Action for annulment - unfounded
Origin: Netherlands

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) 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 1. The action is dismissed; 2. Demp BV is ordered to pay the costs. ____________ 1 - OJ C 143 of 17.6.2006.