Source: EURLEX
Language: en
Format: md

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| 8.3.2008 | EN | Official Journal of the European Union | C 64/36 |

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Judgment of the Court of First Instance of 23 January 2008 — Demp v OHIM — BAU HOW (BAU HOW)

(Case T-106/06)[(1)](#ntr1-C_2008064EN.01003601-E0001)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BAU HOW - Earlier figurative marks BAUHAUS - Relative ground for refusal - No likelihood of confusion - Article 8(1)(a) and (b), and Article 73 of Regulation (EC) No 40/94)

(2008/C 64/57)

Language of the case: German

Parties

Applicant: Demp BV, formerly Demp Holding BV (Maastricht, Netherlands) (represented by: R.-D. Härer, C. Schultze, J Ossing and C. Weber, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider)

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

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.

Operative part of the judgment

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| 1. | The action is dismissed; |

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| 2. | Demp BV is ordered to pay the costs. |

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