Case T-106/06: Action brought on  6 April 2006  — Demp Holding v OHIM — BAU HOW (BAUHOW)
Date: 2006-06-17
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), building materials, hand tool, tool industry, trade-mark law

17.6.2006

EN

Official Journal of the European Union

C 143/31

Order of the President of the Court of First Instance of 4
April 2006 — Vischim v Commission

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

(Case T-420/05 R)

(Application for interim measures — Application for suspen-
sion of operation — Directive 91/414/EEC — Urgency —
None)

Other party to the proceedings before the Board of Appeal of
OHIM: BAU HOW GmbH (Hattersheim/Okriftel, Germany)

(2006/C 143/62)

Language of the case: English

Form of order sought

— Annul

the decision of

the Opposition Division of 28
November 2003 and the decision of the Fourth Board of
Appeal of 31 January 2006 in Case R 92/2004-4;

Parties

Applicant: Vischim Srl (Cesano Maderno, Italy) (represented by:
C. Mereu and K. Van Maldegem, lawyers)

— allow the opposition and reject the application for the trade

mark;

Defendant: Commission of the European Communities (repre-
sented by: B. Doherty, Agent)

— order the OHIM to pay all the costs i.e. the costs of the
opposition proceedings, the proceedings before the Board
of Appeal and the present proceedings.

Re:

for

Application (i)
suspension of Commission Directive
2005/53/EC of 16 September 2005 amending Council Direc-
tive 91/414/EEC to include chlorothalonil, chlorotuloron,
cypermethrin, daminozide and thiophanate-methyl as active
substances (OJ 2005 L 241, p. 51) and (ii) for the adoption of
certain other interim measures

Operative part of the order

1. The application for interim measures is dismissed.

2. Costs are reserved.

Action brought on 6 April 2006 — Demp Holding v
OHIM — BAU HOW (BAUHOW)

(Case T-106/06)

(2006/C 143/63)

Language in which the application was lodged: German

Pleas in law and main arguments

Applicant for a Community trade mark: BAU HOW GmbH.

Community trade mark concerned: The figurative mark ‘BAUHOW’
for goods and services in Classes 7, 8, 11, 19, 20, 36, 37 and
40 (Application no. 1 740 133).

Proprietor of the mark or sign cited in the opposition proceed-
ings: The applicant.

Mark or sign cited in opposition: The figurative mark ‘BAUHAUS’
as Benelux mark no. 570 351 and as international mark no.
646 757 for goods and services in Classes 1, 2, 6-9, 11, 12,
16, 17, 19-21, 25, 27, 31 and 40 and the Irish mark applica-
tion no. 2000/03158.

Decision of the Opposition Division: Rejection of the opposi-
tion.

Decision of the Board of Appeal: Rejection of the appeal.

Pleas in law: Breach of the right to a fair hearing and breach of
Article 8(1)(b) of Regulation (EC) No 40/94 (1), as there is a
likelihood of confusion between the opposing marks.

Parties

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Applicant: Demp Holding B.V. (Maastricht, Netherlands) (repre-
sented by: R.-D. Härer, C. Schultze, J. Ossing and C. Weber,
Rechtsanwälte)