Source: EURLEX
Language: en
Format: md

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| 24.2.2007 | EN | Official Journal of the European Union | C 42/25 |

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Action brought on 11 December 2006 — Bomba Energia Getränke v OHIM — Eckes-Granini (Bomba)

(Case T-372/06)

(2007/C 42/44)

Language in which the application was lodged: German

Parties

Applicant: Bomba Energia Getränke Vertriebs GmbH (Wiener Neudorf, Austria) (represented by: A. Kockläuner, lawyer)

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

Other party to the proceedings before the Board of Appeal: Eckes-Granini GmbH & Co. KG (Nieder-Olm, Germany)

Form of order sought

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| — | annul in its entirety the decision of the Second Board of Appeal of OHIM of 3 October 2006 in Appeal Case R 184/2005-2; |

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| — | order the defendant to pay the costs of the proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: The word mark ‘Bomba’ for goods in Classes 32 and 33 (Application No 558 874).

Proprietor of the mark or sign cited in the opposition proceedings: Eckes-Granini GmbH & Co. KG.

Mark or sign cited in opposition: Various word and figurative marks ‘la bamba’, including the German word mark ‘la bamba’ for goods in Classes 29, 32 and 33.

Decision of the Opposition Division: Rejection of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: The contested decision infringes Article 8(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2007042EN.01002501-E0001), in as much as there is no likelihood of confusion between the opposing marks.

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