Source: EURLEX
Language: en
Format: md

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| 25.2.2006 | EN | Official Journal of the European Union | C 48/34 |

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Action lodged on 31 October 2005 — Multikauf v OHIM

(Case T-395/05)

(2006/C 48/67)

Language of the case: German

Parties

Applicant: Multikauf Warenhandelsgesellschaft mBH (Krailling, Germany) (represented by: M. Bahmann, lawyer)

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

Other party to the proceedings before the Board of Appeal: Demo Holding S.A. (Luxembourg, Luxembourg)

Forms of order sought

The applicant claims that the Court should:

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| — | annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 June 2005 — served on the applicant's agent by DHL on 31 August 2005 — in appeal proceedings R 895/2004-1 |

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| — | dismiss the objection raised by the third party through its agent on 18 September 2001 to registration of the Community trade mark 1841121 ‘webmulti’. |

Pleas in law and main arguments

Applicant for Community trade mark: The applicant

Community trade mark sought: The word mark ‘webmulti’ for goods and services in Classes 3, 7, 8, 9, 16, 20, 21, 25 and 30 — Registration application No 1 841 121

Proprietor of mark or sign cited in opposition proceedings: Demo Holding S.A.

Mark or sign cited in opposition: The Community, national and international word and figurative marks ‘WEB’ for goods in Classes 3, 9 and 25

Decision of the Opposition Division: The opposition was allowed and the registration in respect of certain goods referred to in the application was refused

Decision of the Board of Appeal: The applicant's appeal was dismissed

Pleas in law: The opposing marks were not used for some of the goods.

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