CELEX: 62006TJ0106
Language: en
Date: 2008-01-23
Title: Judgment of the Court of First Instance (Fourth Chamber) of 23 January 2008. # Demp BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark BAU HOW - Earlier figurative marks BAUHAUS - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(a) and (b), and Article 73 of Regulation (EC) No 40/94. # Case T-106/06.

Judgment of the Court of First Instance (Fourth Chamber) of 23 January 2008 – Demp v OHIM – BAU HOW (BAU HOW)
      (Case T-106/06)
      Community trade mark – Opposition proceedings – Application for Community figurative mark BAU HOW – Earlier figurative marks BAUHAUS – Relative grounds for refusal – No likelihood of confusion – Article 8(1)(a) and (b), and Article 73 of Regulation (EC) No 40/94
      Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
         (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 43, 47-48)
      
      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.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               BAU HOW GmbH
            
         
               Community trade mark sought:
            
            
               Figurative mark BAU HOW for goods and services in Classes 7, 8, 11, 19, 20, 36, 37 and 40 – Application No 1740133
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Demp BV
            
         
               Mark or sign cited in opposition:
            
            
               Figurative mark BAUHAUS as Benelux trade mark No 570351 and International mark No 646757 for goods and services in Classes
                  1, 2, 6 to 9, 11, 12, 16, 17, 19 to 21, 25, 27, 31 and 40 and the application for registration of Irish mark No 2000/03158
               
            
         
               Decision of the Opposition Division:
            
            
               Rejection of the opposition
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Demp BV to pay the costs.