Source: EURLEX
Language: en
Format: md

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| 17.6.2006 | EN | Official Journal of the European Union | C 143/31 |

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Action brought on 6 April 2006 — Demp Holding v OHIM — BAU HOW (BAUHOW)

(Case T-106/06)

(2006/C 143/63)

Language in which the application was lodged: German

Parties

Applicant: Demp Holding B.V. (Maastricht, Netherlands) (represented by: R.-D. Härer, C. Schultze, J. Ossing and C. Weber, Rechtsanwälte)

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

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

Form of order sought

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| — | Annul the decision of the Opposition Division of 28 November 2003 and the decision of the Fourth Board of Appeal of 31 January 2006 in Case R 92/2004-4; |

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| — | allow the opposition and reject the application for the trade mark; |

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| — | order the OHIM to pay all the costs i.e. the costs of the opposition proceedings, the proceedings before the Board of Appeal and the present proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: BAU HOW GmbH.

Community trade mark concerned: The figurative mark ‘BAUHOW’ for goods and services in Classes 7, 8, 11, 19, 20, 36, 37 and 40 (Application no. 1 740 133).

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

Mark or sign cited in opposition: The figurative mark ‘BAUHAUS’ as Benelux mark no. 570 351 and as international mark no. 646 757 for goods and services in Classes 1, 2, 6-9, 11, 12, 16, 17, 19-21, 25, 27, 31 and 40 and the Irish mark application no. 2000/03158.

Decision of the Opposition Division: Rejection of the opposition.

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

Pleas in law: Breach of the right to a fair hearing and breach of Article 8(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2006143EN.01003102-E0001), as there is a likelihood of confusion between the opposing marks.

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