Source: EURLEX
Language: en
Format: md

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| 7.11.2009 | EN | Official Journal of the European Union | C 267/55 |

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Judgment of the Court of First Instance of 23 September 2009 — Arcandor v OHIM — dm drogerie market (S-HE)

(Case T-391/06)[(1)](#ntr1-C_2009267EN.01005502-E0001)

(Community trade mark - Opposition proceedings - Application for the Community word mark S-HE - Earlier national word mark SHE, earlier national and international figurative trade mark She - Relative ground for refusal - No likelihood of confusion - Lack of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94 [now Article 8(1)(b) of Regulation (EC) No 207/2009)

2009/C 267/94

Language of the case: German

Parties

Applicant: Arcandor AG, previously Karstadt Quelle AG (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) (represented by: R. Pethke, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: dm drogerie market GmbH (Wals, Austria) (represented by: N. Dick and M. Dyck, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM No R 301/2006-1 of 26 September 2006 concerning opposition proceedings between Karstadt Quelle AG and dm drogerie market GmbH.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action. |

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| 2. | Orders Arcandor AG, previouslyt Karstadt Quelle AG to pay the costs. |

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