Source: EURLEX
Language: en
Format: md

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| 12.4.2008 | EN | Official Journal of the European Union | C 92/29 |

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Action brought on 14 January 2008 — Quest Diagnostics v OHIM — ALK-Abelló (DIAQUEST)

(Case T-22/08)

(2008/C 92/61)

Language in which the application was lodged: English

Parties

Applicant: Quest Diagnostics Inc. (Teterboro, United States) (represented by: R. Niebel, lawyer)

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

Other party to the proceedings before the Board of Appeal: ALK-Abelló A/S (Hørsholm, Denmark)

Form of order sought

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| — | Annul the decision of the Second Board of Appeal of OHIM dated 25 October 2007; |

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| — | annul the decision of the Opposition Division of OHIM dated 11 October 2006; and |

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| — | order the intervener to bear the costs of the action. |

Pleas in law and main arguments

Applicant for the Community trade mark: ALK-Abelló A/S

Community trade mark concerned: The Community word mark ‘DIAQUEST’ for goods in classes 1, 5 and 42

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: The Community word marks ‘QUEST DIAGNOSTICS’ for goods and services in classes 5, 10, 16, 35, 39 and 42 — application No 2 402 980 and No 1 958 589

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) CTRM.

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