Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fourth Chamber) of 23 January 2008 – Demp v OHIM – BAU HOW (BAU HOW)**

**(Case T-106/06)**

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

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
(Council Regulation No 40/94, Art. 8(1)(b)) (see paras 43, 47-48)

**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. |

**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. |

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