62009TJ0382_EN
Subject of the case
Operative part
Subject of the case
Re:
ACTION against the decision of the Fourth Board of Appeal of OHIM of 23 July 2009 (Case R 44/2008‑4) concerning opposition proceedings between DeguDent GmbH and Ergo Versicherungsgruppe AG.
Operative part
Operative part
The Court:
1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 23 July 2009 (Case R 44/2008‑4) in so far as the Board of Appeal omitted to rule on the action brought before it as regards goods in Class 5;
2. Dismisses the remainder of the action;
3. Orders Ergo Versicherungsgruppe AG, DeguDent Gmbh and OHIM each to bear their own costs.