CELEX: 62008TN0022
Language: en
Date: 2008-01-14 00:00:00
Title: Case T-22/08: Action brought on 14 January 2008 — Quest Diagnostics v OHIM — ALK-Abelló (DIAQUEST)

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